M/S Vysya Leasing & Finance Ltd. v. M/S. Amrit Lal Bajaj & Co. & ANR.

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-F-3S, 39 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 421/2016 M/S VYSYA LEASING & FINANCE LTD.

Plaintiff Through: Mr. Dinesh Kumar Gupta, Advocate with Mr. Vidit Gupta, Advocate and Mr. Prakash Pandey, Advocate.

versus M/S AMRIT LAL BAJAJ & CO. & ANR.

Defendants Through:

Mr. Rajeev Bansal, Senior Advocate with Mr. Manu Nayar, Advocate, Ms.

Meenakshi Bhatia, Advocate and Ms.

Radhika Arora, Advocate.

+ CS(COMM) 422/2016 MRS. ALKA GOEL _ Plaintiff Through:

Mr. Dinesh Kumar Gupta, Advocate with Mr. Vidit Gupta, Advocate and Mr. Prakash Pandey, Advocate.

versus M/S AMRIT LAL BAJAJ & CO. & ANR.

Defendants ^ Through: Mr. Rajeev Bansal, Senior Advocate with Mr. Manu Nayar, Advocate, Ms.

Meenakshi Bhatia, Advocate and Ms.

Radhika Arora, Advocate.

+ CS(COMM) 424/2016 M/S VYSYA LEASING & FINANCE LTD.

Plaintiff Through: Mr. Dinesh Kumar Gupta, Advocate with Mr. Vidit Gupta, Advocate and

vr-O N5 Mr. Prakash Pandey, Advocate.

versus M/S AMRIT LAL BAJAJ & CO. & ANR.

Defendants Through:

Mr. Rajeev Bansal, Senior Advocate with Mr. Manu Nayar, Advocate, Ms.

Meenakshi Bhatia, Advocate and Ms.

Radhika Arora, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKIJ. MEHTA

ORDER

% 20.02.2018 1.

Finals arguments were heard in these three cases which are consolidated. These suits are for recovery of moneys filed by the plaintiffs against the original defendant in the suit. The original defendant and the main contesting defendant in the suit was defendant no.2 Sh. Rajesh Bajaj. Sh. Rajesh Bajaj expired pendente lite and is now represented by his legal heirs.

^ ^ happy to note that counsels for both the parties as also the parties themselves had taken a pragmatic view in the facts and circumstances of the case and the evidence appearing on record that plaintiffs, who have already received a sum of Rs.2.20 lacs as costs pursuant to the order passed by this Court on 28.11.2017, will receive an amount of

V">N Rs. 17.50 lacs from the defendants in full and final settlement of the claims of the plaintiffs in these three suits.

3.

The total amounts of Rs. 17.50 lacs which is now payable to the plaintiffs will be as under:- (i) A sum of Rs. 12.50 lacs will be paid to M/s KMG Leasing and Finances Limited which is the present name of the plaintiff. (ii) A sum of Rs.5 lacs will be paid in the name of Mrs. Alka Goyal, who is the plaintiff in CS(COMM) No.422/2016.

4.

The aforesaid amounts of Rs. 17.50 lacs will be paid within a period of six months from today, however, if the amount is not paid within six months from today the amount of Rs. 17.50 lacs will become Rs.20 lacs. The defendants agree through Ms. Sapna Bajaj and Mr. Antriksh Bajaj to file affidavits of undertaking in this Court in terms of present order to comply with the same and these affidavits of Ms. Sapna Bajaj and Mr. Antriksh Bajaj will be filed in this Court within two weeks from today. Suits are accordingly disposed of in terms of aforesaid consent order.

VALMIKIJ. MEHTA, J FEBRUARY 20,2018 n TQtdi'tnst iv