Smt Kamla Devi Vs Prem Swaroop Darvasiya

After arguments this appeal is disposed of with the consent order that the appellant/defendant will pay to the respondent/plaintiff a sum of Rs.60,000/in full and final settlement of all claims of the respondent/plaintiff in the subject litigation arising from the Agreement to Sell entered into between the parties on 19.10.2006. On receipt of this amount of Rs.60,000/- by the respondent/plaintiff no claim of the respondent/plaintiff will survive under the aforesaid Agreement to Sell dated 19.10.2006.

In case the appellant/defendant does not make payment of the amount of Rs.60,000/- on or before 31.1.2019 then appellant/plaintiff thereafter will be liable to pay interest at 21% per annum simple till actual payment.

RFA 1012/2017

¶13

page 1 of 2

¶14

Counsel for the respondent will give to the counsel for the appellant the details of the bank account of the respondent/plaintiff so that the appellant can directly deposit a sum of Rs.60,000/- in the bank account of the respondent/plaintiff.

It is also clarified that whatever amount has been deposited by the respondent/plaintiff for getting the benefit of the decree for specific performance, can be withdrawn by the respondent/plaintiff along with accrued interest thereon.

VALMIKI J. MEHTA, J

¶18

NOVEMBER 13, 2018

¶19

AK

page 2 of 2

¶21

RFA 1012/2017

Smt Kamla Devi v. Prem Swaroop Darvasiya