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MAC.APP.No.57/2007 SARBATI & ORS. Appellants
Through Mr. Partap Singh, Adv.
Through : Mr. Sameer Nandwani and Mr. Mjnish Gupta, Advs.
20.05.2011 CM Nos.10126-2912011
ORDER
1. The appellants are seeking subtitution of the LRs of appellants No.1 and 2 who died, during the pendency of the appeal.
2. Learned counsel for the respondents has no objection to the same.
3. With the consent of both the parties, all the applications are allowed and the legal representatives of the deceased appellants No.1 and 2 are substituted in place of appellants No.1 and 2. The delay in applying for substitution is condoned. The amended memo of partes is taken on record. MAC.APP.No.57/2007 2011:DHC:15323 Ii 'V MAC.APP. No.57/2007
1. The appellants and respondent No.2 have amicably resolved all their disputes through mediation. The terms of the settlement are recorded befdre the mediation in settlement agreement dated 28th March, 2011. In terms of the said settlement, respondent No. 2 has agreed to pay a sum of 4,00,000/- to the appellants in full the final settlement of all their claims out ofwhich 2,00,000/- has been paid today by means of five der-hand drafts of 40,000Ieach as per the details given hereinbelbw:- (a) Demand Draft Nos.984987, 98488 and 984989 each dated 2 9t April, 2011 for 40,000/- each. (b) Demand Draft No.985102 dated 3rd May, 2011 for 40,000/-. i
(c) Demand Draft No.985210 datd 5th May, 2011 for
40,000/-.
2. Respondent No.2 undertakes to pay the remaining amount of 2,00,000/- to the appellants at the time of quashing of FIR No.198/2002; P.S. Narea.
3. The undertaking of respondent N.[2] to pay the balance amount of 2,00,000/- to the respondents at the time of quashing of FIR is hereby accepted.
4. The appeal is disposed of in terms of the settlement agreement dated 28th March, 2011. C.^.R.MIDIH HA, J MAY 20, 2011 aj CnA