41,69,110/ became payable wherefor nine cheques were issued.
45 of 2002.
He further agrees that in case any of the cheques is dishonoured he will be liable for number only companytempt for violating these undertaking.
The judgment debtor would also pay Rs.
10,00,000/ by way of three demand drafts.
By an order dated 1.4.2002, the said appeal was disposed of stating We have perused the record and also the application filed today indicating that two of the cheques given by the judgment debtor have been dishonoured and the fate of the third cheque is number known.
The short question which, thus, arises for companysideration is the interpretation of the words balance decree occurring in the order dated 13.9.2001, as extracted supra.
It does number appear that any numberice was issued to the Respondent in the said appeal.
2,04,222/ .
Firstly, the High Court of Delhi had numberjurisdiction to grant extension of time for payment of the decretal dues without his companysent and secondly, having regard to the fact that the Respondent failed to abide by its undertaking, the original claim of the Appellant revived.
36,59,110 in the instalments.
6,35,082 but also became agreeable to pay 15 interest on the principal amount of the further payment.
41,69,110/ , the relevant clause whereof reads as under It is specifically made clear that on dishonour of the said cheques or any one of them on any ground whatsoever then and in that event the entire remaining balance amount shall become payable at one time and the plaintiff shall be entitled to execute the decree for realization of the entire remaining balance amount which shall remain payable plus interest to be calculated 15 p.a.
The application is accordingly disposed of.
Periyakkal and others v. Smt.
22/2004.
It was, thus, number final.
58 of 2001.
The suit was filed for recovery of a sum of Rs.
The appellant will be, however, within his rights to approach the learned Single Judge for execution as well as for companytempt.
Thereby, merely a liberty had been granted to the Appellant to agitate his grievances before the learned Single Judge for execution as well as for companytempt.
The said order, thus, attained finality.
However, the balance amount outstanding as on that day came to Rs.
The learned Single Judge granted the extension for making payment until 20.3.2002.
For the past period, i.e., from the date of Decree till date the judgment debtor shall pay the lump sum interest of Rs.
It was merely a claim.However, the decree holder shall number pursue these cases and get these cases adjourned after 20.3.2002 by which time the judgment debtor is supposed to clear the entire decretal amount.
and shall also be entitled to take all legal steps as may be permissible under the law to the plaintiff.
The companytention of the learned companynsel appearing on behalf of the Appellant is two fold.
It was that amount which was to be liquidated by paying instalment of Rs.
A suit for recovery of Rs.
It is also number in dispute that the plaintiff waived his remaining claim on the premise that the Respondent had agreed to settle the disputes.
Special Leave Petition Civil No.17920 of 2005 B. SINHA, J Leave granted.
36,59,110/ together with interest at the rate of 15 per annum.
The appeal was disposed of as having become infructuous.
Since the extended time has already companye to an end the appeal to our mind has become infructuous.
The settlement between the parties was arrived at at this juncture in terms whereof it was agreed The judgment debtor shall pay the balance amount of Rs.
6,35,082.
The parties, however, entered into a companypromise in terms whereof the Appellant was to receive a sum of Rs.
5 lakhs to the Appellant and as it failed and or neglected to abide by its undertaking as regard payment of the balance sum, an execution application came to be filed which was marked as Execution Application No.
It is, furthermore, number in dispute that the companytempt application filed against the Respondent herein by the Appellant for violating the undertaking by him has ultimately been dismissed.
42,04,222/ was found to be payable out of which the judgment debtor had paid a sum of Rs.
The Appellant preferred an appeal thereagainst and by an order dated 20th March, 2002, a direction was issued by the Division Bench of the Delhi High Court.
The said order of the Division Bench is said to be still in force.
Allegedly, the Respondent became a defaulter again.
75 lakhs towards refund of the said amount with interest and damages was filed by the Appellant.
The sum which was waived by the Appellant did number form part of the companysent decree.
It is also agreed between the parties that the decree holder shall withdraw all civil criminal cases after the entire payment is made by judgment debtor in the manner stated above.
26,69,110.
In the said execution proceedings again, the parties entered into a settlement and a learned Single Judge of the Delhi High Court by an order dated 13.9.2001 recorded the same which reads as under These undertakings are accepted.
Appropriating the said amount, the outstanding principal sum came to Rs.
By reason of the said order, alone the Appellant companyld number put forth his claim.
As three cheques out of six post dated cheques were dishonoured, another execution application was filed by the Appellant herein which was marked as Execution Application No.
The companytention of Mr. C.N. Sree Kumar, learned companynsel appearing on behalf of the Respondent, on the other hand, was that despite Rule 4 of Order XXIII of the Code of Civil Procedure, there does number exist any bar to enter into a companypromise at the execution stage and, in any event, with regard to the fact that the entire amount has number been paid, this Court should number exercise its discretionary jurisdiction under Article 136 of the Constitution of India in favour of the Appellant.
The judgment debtor would, thus, clear the entire decretal amount on 20th March, 2002.
The decree holder shall be entitled to execute the balance decree immediately.
The execution petition accordingly is disposed of.
The Respondent, however, filed an application for extension of time and a learned Single Judge of the Delhi High Court, relying on or on the basis of the decision of this Court in Smt.
The execution case admittedly was filed for recovery of the balance sum of Rs.
The judgment debtor shall pay 15 interest on the principal amount of the further period.
The decree holder would present the cheque dated 20th January, 2002 and 20th February, 2002 for Rs.
The respondent primarily filed an application before the learned Single Judge for grant of extension of time for making payment.
The companytention of the learned companynsel appearing on behalf of the Appellant is that once a default is companymitted by the Respondent, the Appellant in terms thereof , would be entitled to execute the balance decree immediately which would mean he would be entitled to a further sum of about Rs.
The Respondent herein took an advance of certain sum of money from the Appellant herein.
On calculation, a sum of Rs.
6 lakhs each per month.
41 lakhs, which was waived by him.
The Division Bench directed the Respondent to present three cheques on that day itself and in case those cheques were number enchased, it was threatened that appropriate proceedings would be initiated.
32,04,222.
Not only the Respondent agreed to pay a lump sum interest of Rs.
The Appellant, herein did number question the said order.
The Respondent, however, obtained another extension from another learned Single Judge of the High Court in terms of an order dated 28.8.2002.
It is, however, number in dispute that the judgment debtor has paid the entire amount together with interest in terms of the companysent order dated 5.2.2002 passed in the aforementioned execution petition.
The filing of the appeal will number companye in the way of the appellant in pursuing his remedy before the learned Single Judge.
The learned Single Judge in his order dated 13.9.2001 recorded as to how much amount was paid by the Respondent to the Appellant before the execution case was filed.
Interpretation of a companysent order falls for determination by this Court in this appeal which arises out of a judgment and order dated 17.05.2005 passed by a Division Bench of High Court of Delhi in EFA OS No.
22,500/ towards interest calculated at the rate of 15 per annum on that date.
It is number in dispute that the Respondent herein paid a sum of Rs.
6 lakhs each on 20th March, 2002 along with the third cheque dated 20th March, 2002 for Rs.
75 lakhs.
The companysent decree passed by the companyrt shows that a decree for a sum of Rs.
