Steelco Syndicate And ORS v. Sashi Prasad Goenka And ORS

OD-1

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION ORIGINAL SIDE IA NO.GA/2/2023 WITH CS/208/2008 In APD/1/2023 STEELCO SYNDICATE & ORS.

Vs SASHI PRASAD GOENKA & ORS.

BEFORE :- THE HON'BLE JUSTICE SOUMEN SEN -A N DTHE HON'BLE JUSTICE UDAY KUMAR DATE: 18TH JULY 2023.

Appearance :

Mr. Reetobroto Mitra, Adv.

Mr. Arif Ali, Adv.

Mr. Shayak Mitra, Adv.

Mr. S. Chowdhury, Adv.

....for appellants Mr. Mohit Gupta, Adv.

Mr. A.P. Agarwalla, Adv.

....for respondents The Court :-During the pendency of the appeal the parties have agreed to settle their disputes and have entered into a Terms of Settlement on 12th July, 2023. The original Terms of Settlement filed in Court is in accordance with Order 23 Rule 3 of the Code of Civil Procedure. It has been duly signed by the parties and their respective

attorneys. The agreement is also otherwise lawful. In view thereof, the appeal is disposed of on the basis of the Terms of Settlement dated 12th July, 2023.

The learned counsel for the plaintiffs' decree-holder has submitted that in terms of the settlement a sum of Rs.1.45 crore have been received. The decree stands modified to the above extent. In view of payment of the entire decretal amount as modified, the decree also stands satisfied. The department shall record satisfaction of the modified decree.

The learned counsel for the decree-holder has submitted that in view of the satisfaction of the decree the execution application shall not be pursued. The execution application shall stand disposed of in terms of this order.

The original Terms of Settlement duly signed by the parties and their respective attorneys is taken on record. The Court acknowledges the endeavour made by the learned counsel for the parties in arriving at a settlement. (SOUMEN SEN,J.) (UDAY KUMAR,J.) GH.