M/S VYSYA LEASING & FINANCE LTD. v. M/S AMRITLAL BAJAJ & CO. & ANR.

Delhi High Court · 20 Feb 2018 · 2018:DHC:8604
Valmiki J. Mehta
CS(COMM)421/2016
2018:DHC:8604
civil settled

AI Summary

The Delhi High Court disposed of three consolidated suits for recovery of money by recording a consent decree based on a settlement whereby defendants agreed to pay Rs. 17.50 lakhs within six months, failing which the amount would increase to Rs. 20 lakhs.

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$-F-3S,39&40 HIGH COURT OF DELHI
CS(COMM)421/2016
M/S VYSYA LEASING&FINANCE LTD. Plaintiff
Through: Mr.Dinesh Kumar Gupta,Advocate with Mr.Vidit Gupta,Advocate and
Mr.Prakash Pandey,Advocate.
VERSUS
M/S AMRITLAL BAJAJ&CO.& ANR. Defendants
Through: Mr.Rajeev Bansal,Senior Advocate with Mr.Manu Nayar,Advocate,Ms. Meenakshi Bhatia,Advocate and Ms. Radhika Arora,Advocate.
CS(COMM)422/2016
MRS.ALKA GOEL _ Plaintiff
Through: Mr.Dinesh Kumar Gupta,Advocate with Mr.Vidit Gupta,Advocate and
VERSUS
M/S AMRITLALBAJAJ&CO.&ANR. Defendants ^ Through: Mr.Rajeev Bansal,SeniorAdvocate
CS(COMM)424/2016
M/S VYSYALEASING&FINANCELTD. Plaintiff
Through: Mr.DineshKumarGupta,Advocate with Mr.ViditGupta,Advocate and
2018:DHC:8604 vr-O N5
VERSUS
M/S AMRITLALBAJAJ&CO.& ANR. Defendants
Through: Mr.Rajeev Bansal,Senior Advocate
CORAM:
HON'BLE MR.JUSTICE VALMIKIJ.MEHTA
20.02.2018
ORDER

1. Finals arguments were heard in these three cases which are consolidated. These suits are for recovery ofmoneys filed by the plaintiffs against the original defendant in the suit. The original defendant and the main contesting defendant in the suit was defendant no.2 Sh.Rajesh Bajaj. Sh.Rajesh Bajaj expired pendente lite and is now represented by his legal heirs. ^ ^ happyto note thatcounselsfor both the parties as also the parties themselves had taken a pragmatic view in the facts and circumstances of the case and the evidence appearing on record that plaintiffs,whohavealreadyreceivedasumofRs.2.20lacsascostspursuant to the order passed by this Courton 28.11.2017,will receive an amountof V">N Rs.17.50 lacs from the defendants in full and final settlement ofthe claims ofthe plaintiffs in these three suits.

3. The total amounts ofRs.17.50 lacs which is now payable to the plaintiffs will be as under:-

(i) A sum of Rs.12.50 lacs will be paid to M/s KMG Leasing and

(ii) A sum ofRs.[5] lacs will be paid in the name ofMrs.Alka Goyal,who is the plaintiffin CS(COMM)No.422/2016.

4. The aforesaid amounts of Rs.17.50 lacs will be paid within a period ofsix months from today, however,ifthe amount is not paid within six months from today the amount ofRs.17.50 lacs will become Rs.20 lacs. The defendants agree through Ms. Sapna Bajaj and Mr. Antriksh Bajaj to file affidavits of undertaking in this Court in terms of present order to comply with the same and these affidavits of Ms. Sapna Bajaj and Mr. Antriksh Bajajwill be filed inthis Courtwithintwo weeksfrom today. Suits are accordingly disposed ofin terms ofaforesaid consent order. VALMIKIJ.MEHTA,J FEBRUARY20,2018 n TQtdi'tnstiv