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HIGH COURT OF DELHI
EX.P. 326/2014
BIJENDER CHAUHAN @ BIJENDER KUMAR..... Decree Holder
Through: Mr. Avinash Trivedi, Advocate with Ms. Ritika Trivedi, Advocate
Through: Mr. Dhiraj Sachdeva, Advocate
JUDGMENT
1. The present execution petition has been filed by the Decree Holder, seeking execution of a money decree dated 23.07.2013, passed against the Judgment Debtor in a summary suit that was instituted by him against the Judgment Debtor for recovery of a sum of `30,97,959/-. On 23.07.2013, a decree for a sum of `30,97,959/was passed in favour of the plaintiff and against the defendant, alongwith pendentelite interest @ 10% per annum from the date of institution of the suit, till recovery.
2. Counsels for the parties jointly state that aggrieved by the order dated 23.07.2013 passed in CS(OS) 2576/2011, whereunder the leave 2015:DHC:773 to defend application of the defendant/company was rejected, the defendant had preferred an intra court appeal, registered as RFA(OS) 149/2013. The aforesaid appeal was allowed by the Division Bench vide judgment dated 11.11.2014 and the suit was remanded back for fresh consideration. Counsels for the parties state that in the meantime, the parties have arrived at an out of court settlement, whereunder the Judgment Debtor has agreed to pay a sum of `31,25,000/- to the Decree Holder in full and final settlement of all his claims against the defendant, subject matter of the suit.
3. Learned counsel for the defendant hands over a post dated cheque No.752253 dated 31.01.2015 drawn on Punjab National Bank, Shalimar Bagh, Delhi, for a sum of `31,25,000/- drawn in favour of the Decree Holder to the counsel for the Decree Holder and states that as per the understanding between the parties, the said cheque shall be presented for encashment only after 10.02.2015.
4. The aforesaid submission is confirmed by the counsel for the Decree Holder, who joins the counsel for the Judgment Debtor in stating that the present execution petition may be disposed of in view of the settlement arrived at between the parties. They further state that the file of CS(OS) 2576/2011 be summoned so that the suit can also be disposed of in terms of the settlement arrived at between the parties.
5. The present petition is disposed of.
6. The Registry is directed to list CS(OS) 2576/2011 on 12th February, 2015. File of the present petition shall be tagged alongwith the suit file. HIMA KOHLI, J JANUARY 27, 2015 rkb