M/S Asian General Agencies v. Jaiprakash Associates Ltd

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + M/S ASIAN GENERAL AGENCIES & ORS .... Plaintiffs Through:

Mr. Bhaskar Tiwari and Mr. Amit Negi, Advs.

Versus

JAIPRAKASH ASSOCIATES LTD.

..... Defendant Through:

Ms. Reena Jain Malhotra and Ms.

Ruchira Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 15.12.2016 IA No.15509/2016 (of the parties for reference to Mediation Cell of this Court) 1.

The counsels for the parties state that the disputes subject matter of this suit have been amicably settled between the parties and reference to Mediation Cell of this Court is sought only to obtain refund of court fees. 2.

Only for the said purpose, reference to Mediation Cell is not required. The same can be ordered by this Court in exercise of inherent powers as held by the Division Bench of this Court in Aya Singh Tirlok Singh Vs. Munshi Ram Atma Ram AIR 1968 Del. 249 and reiterated in Shiv Charan Singhal Vs. Rakesh Kumar 201 (2013) DLT 735.

3.

The counsels for the parties state that the parties in this suit for recovery of Rs.1,23,16,728/- with interest have agreed that subject to the defendant paying a further sum of Rs.77,43,087/- (in addition to amounts paid till now) to the plaintiffs vide cheques in the name of plaintiff No.1 as under:

Sl.

No.

Dated Drawn on Amount (Rs) 119720 23.11.2016 The Jammu & Kashmir Bank Ltd., Chanderkote, Distt. Ramban (J&K) Cheque No.

16,84,000/- 119721 23.12.2016 The Jammu & Kashmir Bank Ltd., Chanderkote, Distt. Ramban (J&K) 16,16,000/- 119722 23.01.2017 The Jammu & Kashmir Bank Ltd., Chanderkote, Distt. Ramban (J&K) 15,65,000/- 119723 23.02.2017 The Jammu & Kashmir Bank Ltd., Chanderkote, Distt. Ramban (J&K) 15,28,000/- 119724 23.03.2017 The Jammu & Kashmir Bank Ltd., Chanderkote, Distt. Ramban (J&K) 13,50,087/- TOTAL 77,43,087/- the entire claim of the plaintiffs in the suit shall stand satisfied. 4.

The counsel for the defendant states that the defendant will hand over the cheques aforesaid by tomorrow to the counsel for the plaintiffs. 5.

It is stated that it has further been agreed that if the cheques are not so handed over or if any of the cheques is returned dishonoured, then a decree for the entire sum of Rs.1,23,16,728/- with interest @ 15% per annum from 26th October, 2013 till payment shall stand passed in favour of the plaintiffs and against the defendant and out of which, the amount received till then shall be deducted.

6.

The aforesaid compromise is found to be lawful and is allowed.

7.

A decree is accordingly passed, in favour of the plaintiffs and against the defendant in terms of the compromise as recorded above in this order, leaving the parties to bear their own costs.

8.

Decree sheet be drawn up.

9.

A Certificate enabling the plaintiffs to obtain refund of the court fees paid on the plaint be handed over by the Registry to the counsel for the plaintiffs.

10.

The date of 17th January, 2017 before the Joint Registrar is cancelled. RAJIV SAHAI ENDLAW, J.

DECEMBER 15, 2016 bs..