Himachal Pradesh High Court
Neeraj Goyal And Anr vs Harpreet Singh And Anr on 6 January, 2020
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CS No. 1 of 2019
Date of Decision: 06.1.2020.
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Neeraj Goyal and Anr. .........Plaintiffs
Versus
Harpreet Singh and Anr. ....Defendants
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
For the plaintiffs: Mr. P.S. Goverdhan, Advocate.
For the defendants: Mr. Sanjay Dalmia, Advocate.
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Sandeep Sharma, J. (Oral)
Sequel to order dated 26.12.2019, parties have come present. Learned counsel for the parties on instructions, state that during the pendency of the present suit, parties have been able to resolve the dispute amicably inter-se them by way of compromise dated 6.1.2019(Ext.PA), which is taken on record.
2. Perusal of compromise placed on record reveals that defendants No. 1 and 2 have agreed to pay sum of Rs. 20,25,000/-, to the plaintiffs in four installments. Cheque amounting to Rs. 4, 25,000/- drawn at Oriental Bank of Commerce, Dhanaula (Barnala) Punjab of Rs. 4,25,000/-, has been handed over to the plaintiff today, whereas remaining amount of Rs. 16,00,000/- has been agreed to be paid in three equal installments along with interest.
3. Both petitioner and defendants, who are present in the Court on oath state before this Court that they of their own volition and without there being external pressure have entered into compromise, which has been taken note herein above. They state that as per agreed terms, one cheque amounting to Rs. 4,25,000/- stands Whether reporters of the Local papers are allowed to see the judgment? ::: Downloaded on - 07/01/2020 20:25:45 :::HCHP -2- received by the plaintiff-Neeraj Goyal, whereas remaining amount of Rs. 16,00,000/- would be paid in three installments as per detail given in the compromise deed. They state that in view of the amicable settlement inter-se parties, present suit can be .
disposed of. They state that both the parties undertake before this court that they would abide by the terms and conditions of the compromise, which have been made part of the instant proceedings, failing which they would render themselves liable for penal consequence as well as contempt of Court. Their statements are taken on record.
4. Consequently, in view of the above, Mr. P.S. Goverdhan, learned counsel, representing the plaintiffs seeks permission to withdraw the present petition at this stage with liberty to file appropriate proceedings in the appropriate Court of law in terms of compromise and as such, present suit is disposed of with liberty as prayed for. Needless to say, plaintiffs shall be entitled to refund of court fee as per rules. Interim order, if any, stands vacated. Pending applications, if any, also stand disposed of.
6th January, 2020 (Sandeep Sharma),
manjit Judge.
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