Asit Kumar Mishra v. Indian Centre For Advancement Of R & E (Icare) Hit & ORS
FA 92 of 2014 CAN 3 of 2022 (appearing in supplementary list) Item-2.
23-12-2022 sg Asit Kumar Mishra Ct. 8
Versus
Indian Centre for Advancement of Research and Education (I CARE) & Ors.
Mr. Amitava Ghosh, Adv.
Mr. Tapas Kr. Dey, Adv.
...for the appellants Mr. Samrat Sen, Sr. Adv.
Mr. Sourav Kr. Mukherjee, Adv.
Mr. Somnath Roy, Adv.
Mr. S.M. Hassan, Adv.
...for the respondents An application for recording compromise, being CAN 3 of 2022 appearing in the supplementary list along with FA 92 of 2014 is taken up together for consideration and disposal. During the pendency of the appeal, the parties have agreed to settle their dispute. The agreed terms have been reduced in writing. The parties have filed a joint petition for recording compromise on the basis of the terms of settlement annexed to the petition. The said application is in conformity with Order 23 Rule 3 of the Code of Civil Procedure.
Mr. Samrat Sen, learned Senior Counsel representing the respondents, on instruction, has submitted that the post dated cheques handed over to Mr. Tapas Kr. Dey, learned Advocate-onRecord on behalf of the appellant in Court today will be honoured on presentation. The terms of settlement is, thus, acted upon. The impugned judgment is set aside.
In view thereof, the appeal is decreed on the basis of the
terms of settlement annexed to the application. The department is directed to draw up the decree as expeditiously as possible.
CAN 3 of 2022 and FA 92 of 2014 are, accordingly, disposed of.
(Uday Kumar, J.) (Soumen Sen, J.)