Jayanti Lal Bhansali vs Kailash Chandra Mehta ...
2023 Latest Caselaw 1225 Raj

Citation : 2023 Latest Caselaw 1225 Raj
Judgement Date : 2 February, 2023

Rajasthan High Court - Jodhpur

Jayanti Lal Bhansali vs Kailash Chandra Mehta ... on 2 February, 2023

Bench: Rekha Borana

[2023/RJJD/003582]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 354/2018

Jayanti Lal Bhansali S/o Shri Mohan Lal Bhansali, Aged About 46 Years, By Caste Bhansali, R/o Kolkata, Proprietor Bhansali Agencies, 73 Cotton Street, First Floor, Kolkata-7

----Appellant Versus

1. Kailash Chandra Mehta S/o Shri Kewal Chand Mehta, By Caste Jain, R/o B-3, Arint Mansion Mahaveer Nagar, Pali, Proprietor Sri Rajasthan Print, Address - F-253, Mandiya Road, Pali (Raj.)

2. Shriji Cargo Movers (Transport Company), through Branch Office Pali, Tranport Nagar, Pali (Raj.)

3. N.E.C.C. (Transport Company), through Branch Office Pali, Transport Nagar, Pali (Raj.)

4. Inland Transport Company, through Branch Office Pali, Transport Nagar, Pali (Raj.)

----Respondents

For Appellant(s) : Mr. Muktesh Maheshwari For Respondent(s) : Mr. Prateek Surana with Mr. Himanshu Bumb

HON'BLE MS. JUSTICE REKHA BORANA

Order

02/02/2023

The present appeal has been preferred against the judgment

and decree dated 17.03.2018 whereby the suit was decreed for an

amount of Rs.5,31,148/- with interest @ 12%.

Vide interim order dated 06.10.2018, the appellant was

directed to deposit the entire decretal amount before the learned

Trial Court and it was directed that the aforesaid amount shall not

[2023/RJJD/003582] (2 of 4) [CFA-354/2018]

be disbursed to the respondent-plaintiff till further orders by this

Court.

An application under Order XXIII Rule 3 r.w. Section 151 CPC

has now been preferred jointly by both the parties with the

submission that the parties have entered into an amicable

settlement on certain conditions.

The conditions of compromise as entered into between the

parties have been detailed out in the application and a prayer has

been made for disposal of the present appeal in light of the

compromise.

The terms of compromise as entailed in the application read

as under:

"(A) That the Appellant and Respondent has agreed to settle the dispute for once and for all and put the controversy at rest for the payment of sum of Rupees 9,00,000/- (Nine Lakh Rupees only) to the Respondent by the Appellant.

(B) That since out of the aforesaid Rupees 9,00,000/-

(Nine Lakh Rupees), the amount of Rupees 5,31,148/- (Five Lakh Thirty-One thousand One hundred and Forty-Eight) has already been deposited by the Appellant before the learned Court below in light of interim order dated 06.10.2018 passed by this Hon'ble Court, thus the Appellant shall pay remaining sum of Rs.3,68,852/- (Three Lakh Sixty-Eight thousand Eight hundred fifty-two) to the Respondent by way of two separate Demand Drafts which are (i) . Demand draft dated 30.01.2023 Bearing no 000147 for the amount of Rs 1,00,000/- and (ii) . Demand draft dated 30.01.2023 Bearing no. 00148 for the amount of Rs 2,68,852/- both of HDFC Bank.

[2023/RJJD/003582] (3 of 4) [CFA-354/2018]

(C) That the Appellant has no objection as to amount of Rs. 5,31,148/- (Five Lakh Thirty-One thousand One hundred and Forty-Eight) which is lying in Fixed Deposit before the Learned District Court, Pali be ordered to be released in Favour of the Respondent No.1 along with the interest accrued over the amount deposited in the Fixed Deposit before the learned Trial Court.

(D) That since the parties have entered into the Compromise, the Respondent No.1 shall not claim any further amount or liability with regards to present dispute or in pursuance to impugned Judgement & Decree dated 17.03.2018 passed by the learned District Court, Pali in Civil Original Suit No 223/2011. (E) That the parties to the litigation have also agreed that in light of amicable settlement, both the parties shall put the instant controversy at rest for once and for all in light of above settlement and shall not take any recourse to litigation against each other after the settlement, with regards to present dispute before any Court of law."

As agreed between the parties, the amount of Rs.3,68,852/-

has been paid to the respondents today vide two demand drafts

as detailed out in clause (B) above mentioned. The said demand

drafts have been handed over by learned counsel for the appellant

to learned counsel for the respondents today before the Court

which have been accepted by learned counsel for the respondents.

In view of the compromise as entered into between the

parties, the present appeal is disposed of on the terms and

conditions as agreed into between the parties. The amount of

Rs.5,31,148/- lying with District Court, Pali in a fixed deposit be

released in favour of respondent No.1 with immediate effect on an

application being preferred by respondent No.1 for the said