Rosyz Vegas v. Dharam Deo Ojha

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 439/2014 ROSYZ VEGAS ..... Petitioner Through:

Mr. Siju Thomas, Adv. along with petitioner in person.

versus DHARAM DEO OJHA ..... Respondent Through:

In person along with Mr. Vaishnav Kumar Ojha, son of the petitioner.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 19.01.2016 1.

Learned counsel for the petitioner submits that a sum of Rs.55,038/- is payable by the respondent.

2.

The respondent, present in person along with his son, Mr. Vaishnav Kumar Ojha, submits that he has no capacity/means to pay the said amount. 3.

After detailed hearing, the respondent agrees to pay a sum of Rs.30,000/- to the petitioner in three instalments of Rs.10,000/- each which is acceptable to the petitioner.

4.

The respondent has handed over three post-dated cheques no.472546, 472547 and 472548 dated 15th February, 2016, 15th March, 2016 and 15th April, 2016 respectively for Rs.10,000/- each to the petitioner in full and final settlement.

5.

All the three cheques are signed by respondent's son, Mr. Vaishnav Kumar Ojha from his A/c No.33261658117 with State Bank of India, Branch Palam Dabri Mor, Delhi.

6.

The petition is disposed of in view of the settlement between the parties with liberty to the petitioner to revive the same in the event of

dishonour of any of the cheques handed over by the respondent to the petitioner.

7.

Both the parties shall sign the order sheet before leaving the Court. 8.

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

J.R. MIDHA, J.

JANUARY 19, 2016/dk