J.K.Dass Gupta vs Sudhir Chaudary
2015 Latest Caselaw 8119 Del

$~34
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2392/2009
       J.K.DASS GUPTA                                  ..... Plaintiff
                           Through : Mr. K.V.Sreemithun, Advocate
                           versus

       SUDHIR CHAUDARY                          ..... Defendant
                    Through : Defendant in person

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 28.10.2015

1. The present case is listed in the category of `Directions', for

reporting encashment of the demand drafts handed over by the

defendant to the plaintiff.

2. It is pertinent to note that on 8.10.2015, the defendant had

appeared and stated that he was ready and willing to refund the

amount received by him from the plaintiff towards the sale

consideration of an immoveable property. On 16.10.2015, the parties

had arrived at a settlement and it was recorded that the plaintiff had

agreed to receive a sum of Rs.15 lacs from the defendant in full and

final settlement of all his claims in the suit. Demand drafts for a sum

of Rs.14 lacs were handed over by the defendant to the plaintiff on the

same day and for payment of the remaining amount of Rs.1 lac to the

plaintiff, the case was adjourned to 19.10.2015. On 19.10.2015, a

demand draft of Rs.1 lac was handed over by the defendant to the

plaintiff, through counsel.

3. Counsel for the plaintiff states that he has no instructions as to

the encashment of the demand drafts as the plaintiff has not contacted

him.

4. The defendant appears in person and states that the plaintiff had

telephonically informed him that all the demand drafts totalling to a

sum of Rs.15 lacs, have been duly encashed.

5. In view of the aforesaid position, nothing further survives for

adjudication in the suit, which is accordingly disposed, in terms of the

settlement arrived at between the parties and recorded on

16.10.2015.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 28, 2015 mk