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2005 Supreme(SC) 1610

S.B.SINHA, P.K.BALASUBRAMANYAN
N. K. Rajgarhia – Appellant
Versus
Mahavir Plantation LTD. – Respondent


Judgment

S.B. Sinha, J.—Leave granted.

2. Interpretation of a consent 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. 22/2004.

3. The Respondent herein took an advance of certain sum of money from the Appellant herein. A suit for recovery of Rs. 75 lakhs towards refund of the said amount with interest and damages was filed by the Appellant. The parties, however, entered into a compromise in terms whereof the Appellant was to receive a sum of Rs. 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. and shall also be entitled to take all legal steps as may be permissible under the law to the plaintiff.”

4. It is not in dispute that the Respondent herein paid a sum of Rs






























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