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M/S Servotech Electricals Pvt. Ltd. vs Ashoka Enterprises (India) on 18 November, 2019

Bench: R. Banumathi, A.S. Bopanna

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                                     IN THE SUPREME COURT OF INDIA
                                     CIVIL APPELLATE JURISDICTION


                         SPECIAL LEAVE PETITION (CIVIL) NO. 29097 OF 2018



     M/S SERVOTECH ELECTRICALS PVT. LTD.                                          ...PETITIONER(S)

                                                        VERSUS

     ASHOKA ENTERPRISES (INDIA) & ORS.                                            ...RESPONDENT(S)


                                                 O R D E R

1. The petitioner-herein was the defendant in the suit filed by the respondents herein seeking recovery of sum of Rs.28,29,661/- plus interest. The parties had tendered their evidence and urged contentions before the Trial Court and the Trial Court having considered the same had decreed the suit through its judgment dated 26.07.2018 for a sum of Rs.28,29,661/- with interest at 12% from 14.02.2011. The defendant claiming to be aggrieved by the same was before the High Court of Delhi in an appeal filed under Section 96 of the Civil Procedure Code in R.F.A. No. 786 of 2018. The High Court having re-appreciated the matter has upheld the judgment and decree passed by the Trial Court. It is in that circumstance, the defendant claiming to be aggrieved by the concurrent judgments is before this Court in this petition.

2. Digitally signed by MADHU BALA Date: 2019.11.27

During the pendency of this petition, the parties have 15:28:04 IST Reason:

mutually settled the matter among themselves and the terms settled between the parties is brought before this Court through  2 a memo signed by both the parties. In terms thereof, the parties have agreed that the defendant would pay a total sum of Rs.34,50,000/- (Rupees Thirty Four Lakh Fifty Thousand Only) to the plaintiff in full and final settlement. The said amount is agreed to be paid by installment and the post-dated cheques have been issued in that regard. The installments and details of cheques issued are as follows:

(i) Rs 20,00,000/- (Rupees Twenty Lakh Only) vide D.D within 10 (ten) days from the date of receipt of D.D from the Trial Court record by revalidating the same.

(ii) Rs 4,00,000/- (Rupees Four Lakh Only) vide cheque no. 164052 dated 20.12.2019.

(iii) Rs 5,00,000/- (Rupees Five Lakh Only) vide cheque no. 16450 dated 20.01.2020.

(iv) Rs 5,00,000/- (Rupees Five Lakh Only) vide cheque no. 164051 dated 20.02.2020.

(v) Rs 50,000/- (Rupees Fifty Thousand Only) on or before 29.11.2019.

3. Since the amount is to be paid as per terms agreed therein, the judgment and decree passed by the Trial Court is ordered to be modified in terms of the compromise between the parties and the Registry shall draw a modified decree in terms thereof.

4. It is submitted that the sum of Rs.20,00,000/-(Rupees twenty lakhs) being the first installment has been deposited before the Trial Court in compliance of the order passed by this Court. The said amount is said to be deposited by drawing  3 Demand Draft in favour of the plaintiff. In terms of the settlement entered into between the parties, the said amount is now receivable by the plaintiff. Hence the defendant shall receive back the Demand Draft, revalidate the same and present it to the plaintiff in terms of the Settlement.

5. The terms of Settlement shall form the part of this order.

6. The special leave petition is, accordingly, disposed of.

                                                    …………………………………………………….J.
                                                    [R.BANUMATHI]


NEW DELHI                                           …………………………………………………...J.
18TH NOVEMBER, 2019                                 [A.S.BOPANNA]
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ITEM NO.39                 COURT NO.5                 SECTION XIV

               S U P R E M E C O U R T O F        I N D I A
                       RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)      No(s).   29097/2018

(Arising out of impugned final judgment and order dated 17-09-2018 in RFA No. 786/2018 passed by the High Court Of Delhi At New Delhi) M/S SERVOTECH ELECTRICALS PVT. LTD. Petitioner(s) VERSUS ASHOKA ENTERPRISES (INDIA) & ORS. Respondent(s) (IA No. 157287/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 18-11-2019 These matters were called on for hearing today. CORAM :

HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Rakesh Kumar Sharma,Adv.

Ms. S. Sengupta Ray,Adv.

Mr. Satpal Singh, AOR For Respondent(s) Mr. Karan Bharihoke, AOR Mr. Siddhant Sharma,dav.

Ms. Navkiran Relay,Adv.

Ms. Akanshkya,Adv.

Mr. Madhur Dhingra,Adv.

Ms. Harleen Kaur,Adv.

UPON hearing the counsel the Court made the following O R D E R The special leave petition is, accordingly, disposed of. Pending application(s), if any, shall also stand disposed of.

(MADHU BALA)                                        (BEENA JOLLY)
COURT MASTER (SH)                                   BRANCH OFFICER
(Signed order is placed on the file)