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2000 Supreme(Cal) 287

VINOD KUMAR GUPTA, ARUNAVA BARUA
Swaika Vanaspati Products Ltd. – Appellant
Versus
Canbank Financial Services Ltd. – Respondent


JUDGMENT

This appeal is directed against a judgment and order dated 15th February, 2000 passed by the learned Single Judge of this Court in execution proceedings whereby the objection raised by the appellant with regard to the legality of the decree sought to be executed has been overruled by the learned Single Judge and the learned Single Judge has passed an order in furtherance of the execution of the proceedings or to facilitate the execution of the decree in question. Undoubtedly, the appellant before us is a judgment-debtor in the aforesaid execution proceedings.

2. A suit was filed by the respondent-Canbank Financial Services Limited against the appellant for recovery of money. That suit was decreed by the learned trial Judge on the basis of an agreement entered into between the parties in the suit. Actually, the terms of agreement were reduced into writing through a settlement which formed part of the decree. In the terms of settlement, the parties had agreed that the appellant/defendant shall pay an amount of Rs. 25 lacs in full and final settlement of the respondent/plaintiff's claim. The mode and manner of such payment, including the interest liability contingent upon the




















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