Bina Kanoi And ORS v. Ram Bilas Modi

OD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE CS/160/2023 IA No. GA/1/2023, GA/2/2023 BINA KANOI AND ORS -VSRAM BILAS MODI

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: January 14, 2025.

Appearance:

Mr. A.P. Grover, Adv.

Ms. Debolina Dey, Adv.

...for the plaintiff Mr. Siddhartha Mitra, Sr. Adv.

Mr. Swaraj Shaw, Adv.

...for the defendant The Court: Mr. A.P. Grover, learned Advocate, is appearing for the plaintiff.

Mr. Siddhartha Mitra, learned Senior Advocate, is appearing for the defendant.

The parties have handed over the Terms of Settlement entered between the parties dated 29th November, 2024 wherein it is settled between the parties that out of the total claim of the plaintiff for a total sum of Rs. 1,23,61,096/-, defendant shall pay Rs. 85,00,000/- being the full and final settlement. The plaintiff is also ready and willing to accept the said amount of Rs. 85,00,000/- being the full and final settlement. As per the settlement arrived between the parties, the defendant will pay an amount of Rs. 10,00,000/- to the plaintiff after withdrawal of the suit filed

by the plaintiff against the defendant before the Learned 14th Metropolitan Magistrate, Calcutta and the present suit no. CS/160/2023. It is further agreed that the defendant shall pay the balance amount of Rs. 75,00,000/- to the plaintiff on or before 30th June, 2025. It is also recorded that if the defendant failed to pay the amount as agreed between the parties in terms of terms of settlement, the plaintiff is at liberty to take appropriate steps in accordance with law. Considering the terms and the conditions entered between the parties, this Court finds that there is no impediment for acceptance of terms of settlement entered between the parties. Accordingly, the Terms of Settlement dated 29th November, 2024 is accepted.

In view of the Terms of Settlement entered between the parties, CS/160/2023 is disposed of.

The Terms of Settlement dated 29th November, 2024 be made a part of the decree.

Decree be drawn up expeditiously.

Accordingly, all connected application also disposed of. (KRISHNA RAO, J.) DB