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2024 Supreme(Del) 352
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
M/s Jansevak Textile Mill - Appellant
Versus
Chanchal Trading Company - Respondent
RFA 682 of 2015
Decided On : 29-02-2024
Mr. Vipul Goel, Advocate, for the Appellant.
Ms. Radhika Goel, Advocate, for the Respondent.
IMPORTANT POINT
The court upheld the principle of honoring settlements between parties and the importance of consent in granting relief.
Headnote:
Settlement - Release of Fixed Deposit Receipts - Consent of Parties
Fact of the Case:
The appellant prayed for the release of two fixed deposit receipts (FDRs) along with accrued interest, and the respondent had no objection to the grant of the prayer.
Finding of the Court:
The court allowed the application for the release of the FDRs in accordance with the terms of settlement between the parties, and consequently disposed of the appeal.
Issues:
Ratio Decidendi: The court's decision was based on the amicable settlement between the parties and the consent of the respondent to the grant of the prayer for release of the FDRs.
Final Decision: The application for the release of the FDRs was allowed, and the appeal was disposed of.
ORDER (Oral)
CM APPL.12419/2024
1. This appeal stands amicably settled between the parties.
2. By this application and consequent to the terms of settlement, the appellant prays that FDR No.62200300003827 dated 1 December 2022 for Rs.5 lakhs deposited in the DDA Commercial Centre, Vikaspuri Branch of the Bank of Baroda, along with interest accrued thereon, be released to the appellant and that, out of the FDR bearing No. 922040088812875 dated 29 November 2022 for Rs.10 Lakh deposited at the Axis Bank, Vikaspuri Branch, New Delhi, Rs.6.5 lakhs alongwith interest accrued thereon be released to the legal heirs of the respondent namely Mrs. Manisha Khattar and Mr. Abhinav Khattar and Rs.3.5 lakhs with interest accrued thereon be released in favour of the appellant.
3. The Respondent is present in person as well as represented by counsel. She submits that she has no objection to the grant of the prayer in the application.
4. Accordingly,
(i) FDR No. 62200300003827 dated 1 December 2022 for Rs.5 lakhs deposited in the Bank of Baroda, G-25, G Block, DDA Commercial Centre, Vikaspuri Branch, New Delhi, along with interest accrued thereon, is directed to be released to the appellant, and
(ii) out of the amount of Rs.10 lakh deposited in the FDR bearing No. 922040088812875 dated 29 November 2022 at Axis Bank, Vikaspuri Branch, New Delhi,
(a) Rs.6.5 lakhs along with interest accrued thereupon, be released to the legal heirs of the respondent namely Mrs. Manisha Khattar & Mr. Abhinav Khattar, and
(b) Rs.3.5 lakhs along with interest accrued thereon be is directed to be released to the appellant.
5. The application is allowed in the aforesaid terms.
RFA 682/2015
6. In view of the order passed in CM APPL.12419/2024, the appeal stands disposed of.
7. The next date of 6 May 2024, earlier fixed, shall stand cancelled.
