J.K.DASS GUPTA v. SUDHIR CHAUDARY

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 2015:DHC:8910 CS(OS) 2392/2009 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