Radha Printers And Ramdev Textile vs Raksha Creation
2022 Latest Caselaw 4976 Guj

    C/SCA/18965/2021                            ORDER DATED: 08/06/2022




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/SPECIAL CIVIL APPLICATION NO. 18965 of 2021

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          RADHA PRINTERS AND RAMDEV TEXTILE
                          Versus
                   RAKSHA CREATION
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Appearance:
MR DHARMESH R PATEL(5592) for the Petitioner(s) No. 1
RAHUL S SHAH(9701) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                         Date : 08/06/2022

                            ORAL ORDER

This Special Civil Application is filed challenging the judgment and decree passed by the learned Principal Senior Civil Judge, Surat dated 20.12.2019 rendered in Regular Summary Suit No.61 of 2012 allowing the Summary Suit entitling the original plaintiff to recover the amount mentioned therein.

However, the learned advocates appearing for the parties produced on record true copy of the settlement deed arrived at between the original plaintiff and the original defendant duly signed by their respective clients as also the settlement deed duly signed to be true copy by both the advocates containing the terms and conditions of settlement therein. The said settlement deed is taken on record. Learned advocates for the parties submitted that the parties will abide by the terms and conditions of the settlement deed. As per one of the terms of settlement deed, Rs.10 lakhs uptill now

C/SCA/18965/2021 ORDER DATED: 08/06/2022

deposited before the trial Court is required to be given to the original plaintiff and for the remaining amount as agreed between the parties, post dated cheques have already been given to the original plaintiff and the original defendant - petitioner has assured that those cheques will be honoured as recorded in the settlement deed. The trial Court is directed to issue account payee cheque or by any other banking mode on proper identification to the original plaintiff an amount of Rs.10 lakhs deposited by the original defendant before it.

In view thereof, on assurance of the parties to abide by the terms and conditions of the settlement, this petition stands disposed of as allowed. In view of the settlement arrived at between the parties, the judgment and decree is hereby substituted by the terms and conditions of the settlement deed. Since by way of the settlement, the decree is satisfied, Execution Application No.15 of 2020 pending before the Principal Civil Judge, Surat is required to be quashed and set aside and it is hereby quashed and set aside.

(UMESH A. TRIVEDI, J.)

siji