Kundan Lal Lamba v. Gulvinder Kumar Anand

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 99/2016 KUNDAN LAL LAMBA ..... Appellant Through:

Appellant in person.

versus GULVINDER KUMAR ANAND ..... Respondent Through:

Mr. Jitender Mehta, Advocate(M.

9871343596).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 28.02.2018 The Appellant is present along with his father. Counsel for the Appellant is not present and has not been appearing for the last few hearings. Appellant submits that the Counsel is not available even today. The Respondent is also present along with his counsel. Both parties submit that the mediation has failed in the matter. Execution proceedings are going on as the decretal amount has not been deposited. Before this Court, the Appellant has agreed to satisfy the decree in favour of the Respondent by paying a sum of Rs. 13,00,000/- (Rupees thirteen lakhs) as a full and final settlement by making payments in the following manner:

i) By 31st March, 2018- Rs.5,00,000/- ii) By 30th April, 2018- Rs.3,00,000/- iii) By 30th June, 2018 - Rs.3,00,000/-

iv) By 31st August, 2018- Rs.2,00,000/- The Respondent is agreeable to settle the matter on the above terms, provided the Appellant adheres to the payment schedule. The impugned judgment/decree is modified in the above terms as settled. The parties shall append their signatures below in acceptance of the terms which have been recorded. On payment of Rs.13,00,000/-, no further claim would be outstanding pursuant to the impugned judgment/decree. The appeal is disposed of accordingly.

In case the amounts are not paid, impugned judgement/decree shall come into operation and shall be executable by the Respondent. PRATHIBA M. SINGH, J FEBRUARY 28, 2018/js