Aimil Ltd vs Satinder Gulati on 24 April, 2023

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Delhi High Court - Orders

Aimil Ltd vs Satinder Gulati on 24 April, 2023

Bench: Tushar Rao Gedela

                          $~41
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +     RFA 204/2019, CM APPL. 11480/2019 & CM APPL. 22964/2019

                                AIMIL LTD                                             ..... Appellant

                                                     Through:     Mr. Arun Mohan, Sr. Adv. with Mr.
                                                                  Danish Chowdhary, Adv.

                                                     versus

                                SATINDER GULATI                                       ..... Respondent

                                                     Through:     Mr. Pradeep Kumar        with    Mr.
                                                                  Manthan Sukhija, Advs.
                                CORAM:
                                HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                             ORDER

% 24.04.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. (Under Order XXIII Rule 3 r/w Section 151 of CPC, 1908) ( to be registered and numbered).

1. Mr. Arun Mohan, learned senior counsel appears on behalf of appellant and submits that the disputes have been amicably resolved and the same is reduced into writing by way of Memorandum of Understanding and Settlement Deed dated 22.04.2023 which is appended to the present application under Order XXIII Rule 3 of the CPC, 1908. The said application is supported by the affidavits of parties.

2. The application is handed over the bench and be registered and Signature Not Verified Digitally Signed RFA 204/2019 1 By:VINOD KUMAR Signing Date:01.05.2023 13:00:20 numbered accordingly.

3. The Memorandum of Understanding and Settlement Deed has been signed on each page by the parties whose signatures have been identified by the respective counsel. That apart, the thumb impression of the respective parties have also been affixed to the aforesaid settlement deed.

4. This court has perused the terms of the settlement deed and it appears to be lawful.

5. There is no impediment in case the application under Order XXIII Rule 3 of CPC, 1908 is allowed.

6. The Memorandum of Understanding and Settlement Deed together with its annexures is exhibited as Ex.A and be taken on record. The same be read as part and parcel of the decree sheet to be drawn up along with the annexures as part of the decree.

7. In accordance with the settlement terms as noted in Sub-para (ii) of para (i) of the MOU, the sum of Rs.25,00,000 by way of DD No. 536338 dated 18.04.2023 drawn on State Bank of India, Bombay Central Branch, in the name of Mr. Satindra Gulati has been handed over by the learned counsel for the appellant to the respondent.

8. In view of the aforesaid decree sheet be drawn up and the Memorandum of Settlement and the Settlement Deed be read as part and parcel of the decree.

9. In view of the above, the appeal is disposed of as settled.

Signature Not Verified Digitally Signed RFA 204/2019 2 By:VINOD KUMAR Signing Date:01.05.2023 13:00:20

10. Parties are directed to append their signatures on the order.

TUSHAR RAO GEDELA, J APRIL 24, 2023/AT AT THIS STAGE:-

1. Learned counsel for the appellant on an oral requests sought directions for Registry to release the amounts so deposited before this Court.

2. On a perusal of the MOU dated 22.04.2023 and the records of the present case, it is observed that the aforesaid sums, i.e., an amount of Rs.

87,500/- vide bankers Cheque No. 548651 dated 26.03.2019 was deposited before this Court on 04.02.2019 vide diary number 9523/2019 and another amount of Rs.97,38,977/- vide demand draft bearing no. 535633 dated Signature Not Verified Digitally Signed RFA 204/2019 3 By:VINOD KUMAR Signing Date:01.05.2023 13:00:20 17.05.2022 was deposited before this court in terms of the settlement which was invested as an interest accruing FDR.

3. In view of the settlement by way of the aforesaid MOU dated 22.04.2023 and on an oral application by the appellant, duly consented to by the respondent, this Court deems it fit, in the facts of the case, for passing necessary directions to the Registry.

4. Thus, the registry is directed to release the aforesaid amounts along with the accrued interest, in favour of the appellant after completion of all the necessary formalities.

TUSHAR RAO GEDELA, J APRIL 24, 2023/AT Signature Not Verified Digitally Signed RFA 204/2019 4 By:VINOD KUMAR Signing Date:01.05.2023 13:00:20

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Delhi High Court - Orders