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RICHAINDUSTRIES LTD Appellant
Through: Mr.Tanmaya Mehta,Adv.
Through: Mr. Anil Sharma with Mr. A. Baali, Mr. Jaskaran Singh & Mr. Rishi V Wadera,Advs.
RFA No. 305/2014, CM No.l1931/2014 (for stay) & CM
No.11932/2014(for condonation of258 days delay)
RICHAINDUSTRIES LTD& ANR Appellants
Through: Mr.Tanmaya Mehta,Adv.
Through: Mr. Anil Sharma with Mr. A. Baali, Mr. Jaskaran Singh & Mr. Rishi Wadera,Advs.
05.02.2016
ORDER
1. RFA No.305/2014 impugns the ex parte judgment and decree dated 3U^ July, 2013 in CS No.224/12/2012 ofthe Court ofShri Sukhdev Singh, Additional District Judge(ADJ)(West),Delhi ofrecovery ofRs.3,60,000/with interestpendente lite and future at6% per annum from the appellant.
2. FAQ No.193/2014 impugns the order dated l?^'^ April, 2014 ofthe learned ADJ of dismissal ofthe application ofthe appellant under Order 9 Rule 13 ofthe CPC. FAO No.193/2014& RFA No.305/2014 page 1 of[2] 2016:DHC:8529
3. The matters came up before this Bench on 1'^ February,2016 when the counsels were heard and some compromise proposal mooted and the matter listed for today to enable the counsels to obtain instructions. Certain further parlays have been held and the counsels after obtaining instructions from their respective clients state thatthe parties have agreed that upon the appellantpaying asum ofRs.1,50,000/-to therespondentwithin four weeks of today, the decree impugned in RFA No.305/2014 shall stand fully satisfied;ithasfurther been agreedthatintheeventofthe amountbeingnot so paid, both these present appeals shall be deemed to have been dismissed and the respondent/decree holder shall be entitled to execute the decree and the appellant would notbe entitled to challengethe same;ithasfurther been agreedthatuponthesaid paymentofRs.1,50,000/-neitherparty shall beleft with any claims against each other; it has further been agreed that the cheque/pay order for the said amount shall be drawn in the name of the respondent.
4. The aforesaid compromiseisfoundto belawful and is allowed. Theappealsare disposedofintermsoftheaforesaid compromise. No costs. Decree sheet be prepared. Copyofthis order begiven dastiundersignature^fCourLMaster.
5. FEBRUARY05,2016 JIV SAHAIENDLAW,J 'pp'.. FAONo.193/2014& RFA No.305/201 page2of[2]