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High Court of DelhiW.P.(C)/3096/2024

Jitender Kumar v. The Delhi State Cooperative Bank Ltd & ORS.

2024-07-30Hon'Ble Mr. Justice Tushar Rao Gedela,Hon'Ble The Acting Chief Justice2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3096/2024 JITENDER KUMAR .....Petitioner Through:

Mr.Himanshu Kaushik, Mr. Mohit Gemini, Ms. Barkha and Ms. Deepika Vashistha, Advocates (through VC).

versus THE DELHI STATE COOPERATIVE BANK LTD & ORS.

.....Respondents Through:

Mr. Gaurav Verma, Advocate for R-1.

Mr.Udit Malik, ASC (Civil) with Mr.Vishal Chanda, Advocate for GNCTD.

Mr.

Gaurav Sharma, SPC, UOI alongwith Mr.

Siddhartha Nagpal, Advocate for Executive Engineer CCW/R-3 (through VC).

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 27.09.2024 CM APPL. 54952/2024 1.

Present application has been filed under Section 151 CPC on behalf of the Respondent No.1 praying for issuance of directions to the Bank of Baroda, Chowkbara Branch Delhi-110096 to transfer an amount of Rs.2,49,000/- in the bank account of Applicant-Respondent No.1 bearing No.031170000053, IFSC Code DLSC0000031 (as per Annexure-E to the Settlement Agreement dated 23rd July, 2024).

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:11:30

2.

Learned counsel for the Applicant-Respondent No. 1 states that as per Clause 8(b) of the Settlement Agreement dated 23rd July, 2024, Respondent No.4 (wife of deceased borrower) was required to pay a sum of Rs.2,49,000/- to the Applicant-Respondent No.1 as full and final satisfaction of the remaining amount of the recovery certificate issued in favour of Respondent No.1 in respect of the arbitration award. He states that under clause 8(f) of the Settlement Agreement, instead of giving details of bank account of Respondent No.1 (in which the said amount was to be transferred by the Bank of Baroda, Chowkbara Branch Delhi- 110096), the ApplicantRespondent No.1 inadvertently provided details of bank account of Respondent No.4.

3.

Issue notice.

4.

Learned counsel appearing on behalf of the non-applicant accepts notice and states that he has no objection to the present application being allowed. Consequently, Bank of Baroda, Chowkbara Branch Delhi-110096 is directed to transfer the amount of Rs.2,49,000/- in bank account of Respondent no.1/Applicant bearing No.031170000053, IFSC Code DLSC0000031 as per Annexure-E to the Settlement Agreement dated 23rd July, 2024.

5.

Accordingly, the present application stands disposed of. ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J SEPTEMBER 27, 2024/kct The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/10/2024 at 12:11:30