Execution petition over a settlement under which judgment debtors owed Rs.40,20,000 plus interest. Judgment debtors 5 and 6 handed over a post-dated cheque for Rs.26,50,000 with an undertaking it would be honoured. The decree holder accepted the terms and the execution petition was disposed of subject to that undertaking.
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$~17
versus
DNK AND ORS ..... Judgement Debtors
Through: Mr. Nikhil Beniwal, Advocate for JD Nos. 2 to 8 along with JD-5 & JD-6.
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R
% 28.02.2024
“1. Pursuant to the last order, the judgement debtors has placed on record a copy of the settlement letter dated 31.10.2023.
2. Learned counsel for the judgement debtors submit that in terms of the said settlement, the judgement debtors was required to pay a sum of Rs.40,00,000/- to the decree holder on or before 06.11.2023 and a further sum of Rs.20,00,000/- each on or before 25.11.2023 and 25.12.2023 respectively. He, further, submits that the judgement debtors have already paid a sum of Rs.39,80,000/- to the decree holder before 06.11.2023 but the second instalment of Rs.20,00,000/- could not be paid within the agreed time due to the ill health of the father of the judgement debtors. He, however, assures the Court that the said amount which was required to be paid before 25.11.2023 will positively be paid to the decree holder on or before 25.12.2023 alongwith interest thereon @12% p.a. and the next instalment of Rs.20,00,000/- which was payable on or before 25.12.2023 will be paid on or before 25.01.2024 alongwith interest at the same rate of 12% p.a.
3. The judgement debtor nos.5 & 6, who are present in Court submit that they will be personally liable to ensure that payment in terms of the aforesaid assurance given to this Court is made. The said statement is taken on record.
4. In the light of this stand taken by the judgement debtors, the learned counsel for the decree holder submits that in view of the medical reasons explained by the judgement debtors, the offer made by them to
Page 1 of 2
EX.P. 413/2015
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:50:49
pay the amount with interest is acceptable to the decree holder. He, however, prays that the petition be kept pending so as to ensure that the judgement debtors comply with their assurances given to this Court.
5. At request, list on 28.02.2024.”
PRATEEK JALAN, J
FEBRUARY 28, 2024/ “A”/
Page 2 of 2
EX.P. 413/2015
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/03/2024 at 11:50:49
1 issue framed by the court
Whether the judgment debtors' settlement instalments, with interest, could be secured by cheque and undertaking so as to dispose of the execution petition?
Religare Finvest Ltd
DNK and Ors (Judgement Debtors)
Prateek Jalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
