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High Court of DelhiEX.P./89/2014

Inder Sain Bed (Deceased) Thr Lrs v. M/S Chopra Electricals & ORS

2016-08-22Hon'Ble Ms. Justice Hima Kohli2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 89/2014 INDER SAIN BED (DECEASED) THR LRS.

..... Decree Holder Through: Mr. Rajan Sabharwal, Advocate.

versus M/S CHOPRA ELECTRICALS & ORS ..... Judgement Debtors Through: Mr. Sanjeet Singh, Advocate for JD-2. Mr. Rakesh Mukhija, Advocate for JD-3.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 11.07.2016 1.

This case is being taken up today as the cases of 07.07.2016 were taken up on 08.07.2016, since 07.07.2016 was declared a holiday on account of Idu'l Fitr.

2.

Learned counsels for the parties jointly state that out of a sum of Rs.94,60,529/- due and payable to the Decree Holder as on 31.3.2016, the judgment debtors No.2 and 3 have already handed over post dated cheques worth Rs.50 lacs.

3.

Mr. Sabharwal, learned counsel for the Decree Holder states that out of the post dated cheques worth Rs.50 lacs, a sum of Rs.33,75,000/- has been duly encashed.

4.

Counsel for the Judgment Debtors No.2 and 3 assures the court that the remaining post dated cheques shall be duly honoured on being presented by the Decree Holder.

EX.P. 89/2014 Page No.1 of 2

5.

It is stated that the parties have agreed that the balance amount of Rs.44,60,529/- along with interest @ 12% p.a. shall be paid by the Judgment Debtors No.2 & 3 to the Decree Holder on or before 31.12.2016. Counsel for the Judgment Debtors No.2 and 3 states that the post dated cheques for the balance amount along with the interest component shall be handed over to the Decree Holder on or before 31.7.2016 and simultaneously, affidavits shall be filed by the Judgment Debtors No.2 and 3 undertaking inter alia that the said post dated cheques handed over earlier and proposed to be handed over before 31.7.2016 to the Decree Holder shall be duly encashed as and when presented.

6.

The said affidavits shall be filed on or before 12.8.2016 along with the copies of the post dated cheques handed over to the other side. 7.

List on 22.8.2016.

HIMA KOHLI, J JULY 11, 2016 sk EX.P. 89/2014 Page No.2 of 2