Noor Hassan & ANR v. Shakeena Khatoon & ORS (Icici Lombard General Insurance Co. Ltd.)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAC.APP. 244/2018 & CM Nos.8503-8504/2018 NOOR HASSAN & ANR ..... Appellants Through:

Mr. C.M. Grover, Advocate versus SHAKEENA KHATOON & ORS (ICICI LOMBARD GENERAL INSURANCE CO. LTD.) ..... Respondents Through:

Mr.A.K. Soni, Mr. Rajesh Goyal, Advocates for Respondent no.4.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 22.03.2018 1.

The appellant present in Court along with his counsel has agreed to pay Rs.6 lakh to respondent no.4 in full and final settlement in three instalments which has been accepted by respondent no.4. 2.

The appellant has handed over three cheques of Rs.2 lakh each as per details given hereunder to learned counsel for respondent no.4 in full and final settlement:- (i) Cheque No.170333 dated 15.04.2018 for Rs.2 lakh drawn on Oriental Bank of Commerce, Ahinsa Marg, Sec.-9, Rohini, Delhi-110085 (ii) Cheque No.170334 dated 15.03.2019 for Rs.2 lakh drawn on Oriental Bank of Commerce, Ahinsa Marg, Sec.-9, Rohini, Delhi-110085 (iii) Cheque No.170335 dated 15.12.2019 for Rs.2 lakh drawn on Oriental Bank of Commerce, Ahinsa Marg, Sec.-9, Rohini, Delhi-110085 3.

The appellant present in Court undertakes that all the aforesaid three cheques shall be honoured on their first presentation. The undertaking of the

appellant is accepted.

4.

The appeal and the pending applications are disposed of in terms of the settlement between the parties.

The appellant shall remain bound to ensure that all the three cheques shall be honoured on their first presentation failing which respondent no.4 is at liberty to initiate appropriate legal proceedings for violation of the undertaking as well as for recovery of the amounts.

5.

The statutory amount be refunded back to the appellant. 6.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

MARCH 22, 2018 dk