Delhi High Court
Shehbaz Hussain vs Indian Bank & Anr. on 15 September, 2020
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15th September, 2020
+ CM(M) 377/2020& CM APPLN. 15133/2020, 19003/2020 &
20935/2020
SHEHBAZ HUSSAIN ..... Petitioner
versus
INDIAN BANK & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Kunal Kukreja, Advocate
For the Respondent : Mr. Mukul, Advocate
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 13.09.2019 whereby, in the
Execution Petition filed by the respondent no. 2 seeking execution of
decree dated 04.05.2018, the bank account of the petitioner was
frozen.
3. Parties have settled their disputes. Settlement Agreement has
been executed today and the same has been filed over-email of the
Court Master. The settlement agreement dated 15.09.2020 is taken on
Signature Not Verified
MAGGU
Signing Date:15.09.2020 19:14:12
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
record.
4. Both - petitioner and respondent no. 2 are present in the office
of the learned counsel for the petitioner through video conferencing.
Mr. Jai Bansal, learned counsel for respondent no. 2 who is appointed
as legal aid counsel is also connected through video conferencing.
Petitioner and respondent no. 2 confirm the terms of settlement and
undertake to abide by the same.
5. In terms of the settlement agreement, respondent no. 2 has
handed over a sum of Rs. 7 lakhs to the petitioner by seven demand
drafts, details of which are mentioned in the settlement agreement.
6. Respondent no. 2 consents to the setting aside of judgment and
decree dated 04.05.2018 and also seeks to withdraw the suit being CS
55520/16 (Old No. 234/16) CNR No. DLND01-000039-2016, titled
'Ms. Anshu Vs. Shehbaz Hussain'.
7. In view of the above statement of the parties, judgment and
decree dated 04.05.2018 is set aside. The suit being CS 55520/16 is
also dismissed as withdrawn.
8. Petitioner undertakes to withdraw the criminal complaint filed
by the petitioner against the respondent no. 2 which is pending in the
Court of Mr. Sumit Anand, MM-07, Patiala House Courts, New Delhi
being Complaint Case No. 6343/2019, titled "Shehbaz Hussain Naqvi
Vs. Anshu & Ors". Petitioner further undertakes to withdraw the
Signature Not Verified
MAGGU
Signing Date:15.09.2020 19:14:12
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
complaint filed by the petitioner against the son of the respondent no.
2 with Bar Council of Delhi as well as Bar Council of India. The
undertaking is accepted.
9. Parties confirmed that pursuant to this settlement, they have no
claim surviving against each other and all claims between them have
been fully and finally settled. Parties shall be bound by the settlement
terms.
10. In view of the withdrawal of Suit and the settlement terms
referred above, impugned order dated 13.09.2019 is also set aside and
the attachment of the bank account of the Petitioner is vacated.
11. Consequently the amount deposited by the Indian Bank
pursuant to orders dated 13.09.2019 in the said Execution Petition are
directed to be released to the petitioner Shehbaz Hussain by the
Executing Court forthwith.
12. Petition is accordingly disposed of in the above terms.
13. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
SEPTEMBER 15, 2020
'rs'
Signature Not Verified
MAGGU
Signing Date:15.09.2020 19:14:12
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
