The New India Assurance Co Ltd & ORS v. Suman Khanduja
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 247/2018 THE NEW INDIA ASSURANCE CO LTD & ORS ..... Appellant Through:
Mr.
Saurabh Prakash, Mr.
Kunal Gosain and Mr.
Utsav Jain, Advocates versus SUMAN KHANDUJA ..... Respondent Through:
Mr. R.A. Sharma and Mr. Prem Chand, Advocates
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R
% 04.05.2018 CAV 411/2018 Mr. R.A. Sharma, learned counsel enters appearance on behalf of the caveator/respondent.
The caveat is accordingly discharged.
CM APPL.18033/2018 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly.
LPA 247/2018 Learned counsel appearing on behalf of the parties state that they are desirous that the present appeal may be disposed of on the mutually accepted terms reproduced hereinbelow:- LPA 247/2018
(i) It is now agreed by the parties that Ms. Suman Khanduja, the respondent herein, will return the amounts received by her, insofar as, they relate to the Provident Fund component, without any interest thereon; but refund the other amounts with interest thereon at the rate of 7.5 per cent, to be reckoned from the respective dates of receipt of the same by her. (ii) The appellant shall forthwith encash the cheque for Rs.38 lakhs given by the respondent to the former.
(iii) The balance amounts outstanding, in terms of the agreed settlement, shall be deducted by the appellants from the respondent's salary over a period of six months, commencing from the month of June, 2018.
(iv) The appellants undertakes to reinstate the respondent, in the position last occupied by her, within three days of receipt of a certified copy of the order passed by this Court today. The appeal is disposed of in the aforestated terms, in partial modification of the order impugned in the present appeal. The other terms directed by the impugned order shall, however, remain the same. A copy of this order be given dasti under the signature of Court Master to learned counsel appearing on behalf of the parties. SIDDHARTH MRIDUL, J DEEPA SHARMA, J MAY 04, 2018/dn LPA 247/2018