Delhi High Court
Ishwar Singh vs Ramesh Prakash on 22 February, 2023
Neutral Citation Number: 2023/DHC/001385
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22nd February, 2023
+ RFA 390/2021 & CM APPL. 41360/2021, 41361/2021
ISHWAR SINGH ..... Appellant
Through: Mr. M.L Yadav, Advocate with
Appellant-in-person.
versus
RAMESH PRAKASH ..... Respondent
Through: Respondent-in-person.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGEMENT
JYOTI SINGH, J. (ORAL)
1. Present appeal has been filed assailing the impugned judgment
and decree dated 29.06.2021 passed by the Trial Court in Civil Suit
being Civ. DJ No. 608390/2016.
2. The Trial Court has decreed the suit for recovery of
Rs.4,00,000/-, being the principal loan amount in favour of the
Plaintiff (Respondent herein) along with interest @ 6% per annum,
from the date of filing of the suit i.e. 20.12.2010 till realization of the
decretal amount, with costs of the suit.
3. By an order dated 22.11.2021, this Court had granted stay of the
operation of the judgment and decree dated 29.06.2021, subject to the
Appellant depositing 75% of the decretal amount as computed on
22.11.2021, with the Registrar General of this Court, within a period
of eight weeks. The amount was directed to be kept in an interest
bearing FDR, till further orders.
Signature Not Verified
By:KAMAL KUMAR
Signing Date:27.02.2023
14:16:48
Neutral Citation Number: 2023/DHC/001385
4. Learned counsel appearing on behalf of the Appellant submits
that instead of depositing 75% of the decretal amount, Appellant had
deposited a higher amount of Rs. 6,52,000/- vide Banker's Cheque
No. 058569 dated 16.08.2022 and further submits that the Appellant is
willing to settle the matter if the Respondent is agreeable to receive a
sum of Rs.6,52,000/- deposited in this Court in full and final
settlement of his claim and will not press the appeal.
5. Respondent is present in person. He has been explained the
offer made by the Appellant in Hindi Language, which he
understands, and it is agreed by the Respondent that he would settle
the matter finally if the amount deposited in the Court is released to
him and would not make any further claim on the Appellant and the
appeal can be disposed of.
6. The settlement arrived at between the parties is taken on record.
Respondent has agreed to accept Rs. 6,52,000/- along with interest
accrued thereon, in full and final settlement of all his claims and
Appellant has agreed to withdraw the appeal. Needless to state, this
settlement shall bind the parties.
7. Accordingly, it is directed that the amount deposited by the
Appellant in this Court shall be released to the Respondent along with
the interest accrued thereon till the date of release. List the appeal
before the learned Registrar General on 13.03.2023, for the purpose of
release of the aforementioned amount, subject to verification and other
formalities required to be completed by the Respondent.
8. Since the matter has been settled between the parties, Appellant
is entitled to refund of the Court Fee deposited by him, in accordance
with provisions of Section 16 of the Court Fees Act, 1870 read with
Section 89 CPC, 1908.
Signature Not Verified
By:KAMAL KUMAR
Signing Date:27.02.2023
14:16:48
Neutral Citation Number: 2023/DHC/001385
9. Appeal is disposed of in the above terms along with the pending
applications.
JYOTI SINGH, J
FEBRUARY 22, 2023/rk/shivam
Signature Not Verified
By:KAMAL KUMAR
Signing Date:27.02.2023
14:16:48
