Dismissed

Premier Emp. Coop.Society v. Jagdish Kumar

Himachal Pradesh HC18 Nov 2015CWP/9318/2012

Case brief

AI extract

What is this about?

A cooperative society filed a writ petition to quash orders. The court recorded a settlement agreement wherein the respondent agreed to repay an outstanding amount via monthly installments with an annual increase, leading to the dismissal of the writ petition.

What did the court decide?

Writ petition dismissed in terms of a compromise; respondent directed to repay outstanding award via installments with a provision for immediate recovery and execution proceedings upon default.

Premier Emp. Coop.Society Vs Jagdish Kumar — Himachal Pradesh HC (2015) — LawSathi Research

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 9318 of 2012

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Decided on: 18^th November, 2015

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The Premier Employees Cooperative Society .......Petitioner.

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Versus

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Sh. Jagdish Kumar and others ...Respondents.

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Coram

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The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?¹ No. For the petitioner: Mr. G.R. Palsra, Advocate. For the respondents: Mr. H.S. Rangra, Advocate for respondent No. 1.

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Mr. Virender Verma, Addl. A.G with Mr. Pushpinder Jaswal, Dy. A.G for respondents No. 2 and 3.

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Dharam Chand Chaudhary, Judge (Oral)

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CWP No. 9318 of 2012 & CMP No. 9015 of 2015

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This writ petition has been filed with the

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following prayer:

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“(i) That the orders dated 21.2.2012 and 27.7.2012, contained in Annexures P3 and P4 passed by the respondent No. 3 may kindly be quashed/set aside by issuing the writ of certiorari.”

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Consequent upon the order passed on the

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previous date, the parties are present in person.

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1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

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Application, CMP No. 9015 of 2015 under Order 23 Rule 1 of the Code of Civil Procedure hereinabove has also been filed for recording compromise already arrived at between the parties. On behalf of the petitioner its VicePresident Sh. Naresh Kumar Sharma is present. His statement has been recorded separately. The amicable settlement between the parties is arrived at on the following terms:

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“3. That the parties have agreed to the recovery of aforesaid award which is outstanding on dated 31.03.2013 an amount of 26,56,831/- by way of monthly installment of 20,000/-(Twenty Thousand per month) subject to increase of `2000/every successive year till loan is fully repaid.

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That the respondent is agree to make the monthly repayment of 20,000/- regularly subject to enhancement of 2000/- every successive year till fully repaid the loan. In case of default of continuous two installments the petitioner-Society has right to execute the award, as such the writ petition may kindly be disposed of as compromised in the above stated terms. Affidavits of parties are

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attached and the resolution of the Society dated 19.03.2014 is also attached.”

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The application filed for recording compromise is supported by the affidavit of Sh. Naresh Kumar Sharma, Vice President of petitioner-Society and that of respondent Jagdish Kumar. Sh. Naresh Kumar Sharma aforesaid in his statement recorded separately has prayed for disposal of the writ petition in terms of the compromise arrived at between the parties. The respondent, who is also present in person, has also admitted the compromise so arrived at between the parties to be true and correct and submits that the writ petition be disposed of accordingly.

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In view of the amicable settlement arrived at between the parties, nothing is left to be adjudicated upon in this writ petition on merits. The same, therefore, is disposed of with a direction to respondent No. 1 to repay a sum of 26,56,831/- due and payable to the petitionerSociety as on 31.03.2013 in monthly installment of 20,000/- and shall also increase the installment by `2,000/- per month on completion of each successive

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year. On his failure to deposit two consecutive installments, the entire amount under the award shall become due and payable to the petitioner-Society at once and in that event, the petitioner-Society shall be at liberty to initiate execution proceedings in accordance with law against him.

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The writ petition stands accordingly disposed of. Pending application(s), if any, shall also stand disposed of.

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November 18, 2015 (Dharam Chand Chaudhary) (naveen) Judge

Premier Emp. Coop.Society v. Jagdish Kumar

Case brief

What is this about?

What did the court decide?

Premier Emp. Coop.Society v. Jagdish Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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