In an appeal against a 2017 judgment, the appellant filed after a 654-day delay but claimed amicable settlement. The court allowed payment of Rs. 14,00,000 and disposed of the appeal upon filing an undertaking.
Appeal disposed; appellant directed to file undertaking for settlement terms within two weeks.
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| Through: versus |
Mr.Harkaran Singh, appellant in person. |
..... App Advocate |
ellant with |
|
|---|---|---|---|---|
| JITENDER | ..... Respo | ndent | ||
| Through: | Mr.Sumit Kr.Rana Mishra, Advocates. |
, Ms.Y |
amini | |
| CORAM: | ||||
| HON'BLE MR. | JUSTICE Y O R D E R |
OGESH KHANNA | ||
| % | 20.12.2019 |
This appeal is against the judgment dated 18.04.2017. There is also a delay of 654 days in filing the appeal. However the matter has been amicably settled between the parties as stated by both the counsels. The appellant is present in person and submits that in full and final settlement of all claims of the respondent he shall pay an amount of Rs.14,00,000/- in all to the respondent and out of which he has already paid Rs.1,00,000/- on 12.11.2019 to the respondent.
It is stated by the appellant the balance amount of Rs.13,00,000/- shall be paid by the appellant within six months from 12.11.2019 and if he fail to clear/pay the said amount within the said time frame, then the respondent shall be entitled to recover the entire decretal amount through execution.
The learned counsel for the respondent on instructions says the respondent is agreeable to such settlement.
In view of above, the appeal stands disposed of. Pending
application(s), if any, also stands disposed of.
An undertaking to this effect shall be filed by the appellant within two weeks from today.
YOGESH KHANNA, J.
DECEMBER 20, 2019 DU
2 issues framed by the court
Whether the appeal should be disposed of given amicable settlement between the parties despite significant delay.
Whether an undertaking to pay the settlement amount should be made by the appellant.
KHIMA NAND SHARMA
JITENDER
YOGESH KHANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
