Punjab-Haryana High Court
M/S Rattan Roller Flour Mill vs M/S Narain Dass Kishan Chand And Others on 26 September, 2013
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA No.2889 of 2011 (O&M)
Date of decision: 26th September, 2013
M/s Rattan Roller Flour Mill
Appellant
Versus
M/s Narain Dass Kishan Chand and others
Respondents
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR GARG
1. Whether Reporters of Local Newspapers may be allowed
to see the judgment?
2. Whether to be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Amit Jhanji, Advocate for the appellant.
Mr. Raj Kumar, Advocate for the respondents.
RAKESH KUMAR GARG, J. (ORAL)
This is defendant's second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiff-respondent for recovery of ` 9,50,328 with costs and interest pendente lite @ 9% per annum from the date of filing of the suit till the date of decree and future interest @ 6% per annum from the date of decree till its actual realization has been decreed; whereas counter-
claim filed on behalf of the appellant was dismissed. The appeal filed on behalf of the defendant-appellant against the aforesaid judgment Singh Rattan Pal 2013.10.03 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court RSA No.2889 of 2011 (O&M) 2 and decree of the trial Court was also dismissed by the lower appellate Court.
The present appeal has been filed at the instance of defendant-appellant challenging the aforesaid judgments and decrees of the courts below.
On 12.09.2013, learned counsel for the appellant had stated before this Court that the parties are in the process of compromise.
Today, a compromise deed dated 25.09.2013 reached between the parties has been placed before this Court. The same is taken on record as Ex.CX. The relevant paragraphs of the compromise deed read as under:
"This compromise deed has been executed on 25th September 2013 M/s Rattan Roller Flour Mill, 1 SICOP, Industrial Area, Kathua (Jammu and Kashmir) through its authorized partner Kulbhushan S/o Rattan Chand resident of Sunder Nagar, Near Dhango Road, Pathankot (herein called first party of the deed) AND M/s Narain Dass Kishan Chand, Commission Agents, New Grain Market, Sri Muktsar Sahib through its authorized proprietor Sh.Anil Kumar son of Narain Dass (herein called second party of the deed) and both parties have agreed on the following terms and conditions:
1. That both parties to compromise have agreed to settle the matter amicably for Rs.12,00,000/-
(Rupees Twelve Lacs only). The said amount of Rs.12,00,000/- (Rupees Twelve Lacs only) would be lump sum amount regarding the litigation which is pending in the Hon'ble Punjab and Haryana High Singh Rattan Pal 2013.10.03 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court RSA No.2889 of 2011 (O&M) 3 Court, wherein first party has filed regular second appeal bearing No.2889 of 2011 challenging the Judgments of trial Courts, whereby civil suit No.212 dated 10.06.2004 filed by second party for recovery of an amount of Rs.9,50,328 along with interest and future interest @ 18% per annum, which was decreed along with future interest by Civil Judge, Muktsar Sahib.
2. That Second Party shall not claim any outstanding amount from first party regarding the abovementioned dispute in any Court of law regarding which the civil suit filed by second party for recovery of an amount along with interest and future interest was decreed by Civil Judge, Muktsar Sahib and at present controversy is pending before the Hon'ble Punjab and Haryana High Court, Chandigarh.
3. That out of the settled amount of Rs.12,00,000/-
(Rupees Twelve Lacs), second party has received Rs.4,00,000/- (Rupees Four Lac) vide DD No.000211 dated 11.09.2013 drawn on HDFC Bank, Kathua (J&K) at the time of execution of this deed and regarding balance amount post dated cheques of amounting Rs.Four Lacs each vide cheque No.000201 dated 30.10.13, cheque No.000202 dated 15.12.13 drawn on HDFC Bank, Kathua (J&K), have also been paid by first party to second party.
4. That parties to the compromise deed would be liable to give the necessary statements, if required, before the Hon'ble Punjab and Haryana High Court in RSA No.2889 of 2011 for withdrawing the regular second appeal against the second party or in any Court of law.
Singh Rattan Pal 2013.10.03 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court RSA No.2889 of 2011 (O&M) 45. That whosoever parties would back-out from the compromise deed, appropriate action in accordance with law shall be initiated against the said party and compensation to the tune of double the amount of compromise deed would be recovered.
6. That compromise deed has been scribed in the presence of both the parties along with respectable witnesses. The same has been read over to both parties and all have admitted its correctness and put their signature and both the parties would be bound by the terms and conditions of the compromise deed. First Party
1. M/s Rattan Roller Flour Mill, 1 SICOP, Industrial Area, Kathua (Jammu and Kashmir) through its authorized partner Kulbhushan s/o Rattan Chand resident of Sunder Nagar, Near Dhango Road, Pathankot.
Second Party M/s Narain Dass Kishan Chand, Commission Agents, New Grain Market, Sri Muktsar Sahib through its authorized proprietor Sh.Anil Kumar son of Narain Dass"
Execution of the aforesaid compromise and receipt of the amount of `12.00 lakh, as detailed in para No.3 of the compromise deed and as noticed above by this Court, has been admitted by the counsel representing the plaintiff-respondent. He has no objection in case the present appeal is disposed of having been rendered infructuous on satisfaction of the impugned judgments and decrees of the courts below.
Ordered accordingly.Singh Rattan Pal 2013.10.03 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court RSA No.2889 of 2011 (O&M) 5
However, it is made clear that the parties shall not raise any other claim with regard to the litigation involved in the present regular second appeal and the matter stands finally settled between the parties in view of the aforesaid compromise. Decree be drawn in terms of the aforesaid compromise which shall be part of the judgment and decree.
(RAKESH KUMAR GARG) JUDGE September 26, 2013 rps Singh Rattan Pal 2013.10.03 17:18 I attest to the accuracy and integrity of this document Punjab & Haryana High Court