Single judge order allowing withdrawal of a regular second appeal due to a compromise between parties. Court ordered refund of security deposit made pursuant to an interim order.
RSA No.4179 of 2006 dismissed as withdrawn; deposit of Rs.50,000/- ordered to be refunded to the appellant.
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RSA No.4179 of 2006 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
REGULAR SECOND APPEAL NO.4179 OF 2006 (O&M) DATE OF DECISION: FEBRUARY 24, 2012
Bachna Ram
.... Appellant
Versus
M/s. Suraj Bhan Om Parkash Bansal
.... Respondent
CORAM :- HON'BLE MR. JUSTICE L. N. MITTAL.
PRESENT: Mr. Ashok Verma, Advocate for the appellant.
Mr. Gaurav Singla, Advocate for Mr. Sanjiv Gupta, Advocate for the respondent.
L.N. MITTAL, J. (ORAL)
Defendant-appellant has moved CM No. 1809-C of 2012 for withdrawal of RSA No.4179 of 2006 and for refund of Rs.50,000/- (Rupees fifty thousand) to the appellant who deposited the same pursuant to interim order of this Court, alleging that parties have effected compromise and appellant has satisfied the claim of respondent-plaintiff by paying Rs.2,25,000/- (Rupees two lacs twenty five thousand) on 30.01.2012 in full and final settlement of claim of the plaintiff.
Counsel for plaintiff-respondent admits the aforesaid averments made in the application bearing CM No.1809-C of 2012 to be correct and has no objection if the said application is allowed and the appeal is dismissed as withdrawn and amount of Rs.50,000/- (Rupees fifty thousand) deposited by
RSA No.4179 of 2006 (O&M)
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the appellant is refunded to him.
In view of the aforesaid, CM No.1809-C of 2012 is allowed and RSA No.4179 of 2006 is dismissed as withdrawn. Amount of Rs.50,000/(Rupees fifty thousand) deposited by the appellant in executing Court, pursuant to interim order of this Court, is ordered to be refunded to the appellant.
24.02.2012 'raj'
Bachna Ram
M/s. Suraj Bhan Om Parkash Bansal
L. N. Mittal
As recorded by the court registry
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