Ashish Kumar Mishra v. Gouri Shankar Gupta

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 606/2015 ASHISH KUMAR MISHRA ..... Appellant Through:

Mr. Ajay Kohli, Advocate with Ms.

Bhumika Kapoor, Advocate (M:

9718675675).

versus GOURI SHANKAR GUPTA ..... Respondent Through:

Mr. Abadh Kishor Singh, Advocate (M: 9650889012).

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 01.06.2018 The parties have reported that the matter has been settled. The settlement agreement dated 30th May 2018, has been placed on record. The terms of settlement are contained in paragraphs 10(a) to (g) of the settlement agreement.

As per the said settlement the Respondent/Plaintiff has agreed to accept a sum of Rs. 12,21,198/- in full and final satisfaction of the decree dated 5th December 2014, passed in CS(OS) No. 596/14. A sum of Rs. 11,45,808/- has already been received by the Respondent/Plaintiff during the execution proceedings. The remaining two demand drafts for Rs. 37,695/- each which are lying in the Execution Court are also to be released in favour of the Respondent/Plaintiff. After receiving the said two demand drafts the Plaintiff has agreed to withdraw the Execution Petition and the criminal

complaint.

The Court has perused the settlement agreement and it appears to be lawful and there is no impediment in recording the same. The settlement agreement is taken on record.

The impugned judgment/decree is modified in terms of the settlement agreement.

The appeal is disposed of as settled and the Court fee in terms of Section 16 of the Court Fee Act be refunded to the Appellant. In view of the settlement which is recorded today, Ld. Counsel submit that orders passed by the Execution Court attaching the salary of the Appellant be vacated/modified. Ordered accordingly. PRATHIBA M. SINGH, J.

JUNE 01, 2018 p