Court endorsed the enforcement of a compromise agreement, ruling on terms of payment and the non-refundability of court fees under relevant provisions.

JUDGMENT (Oral)

EX.APPL. (OS) 1401/2021 (u/S. 151 CPC)

1. The present application has been filed by both the parties for recording compromise between the parties.

2. Vide order dated 06.12.2021, adjournment was sought to finally arrive at a settlement.

3. Today, learned counsel for judgment debtor appears and on instructions, has given an undertaking that matter has been settled between the parties out of the Court.

4. Learned counsel for the decree holder submits that the terms of compromise are incorporated in para 4 to 7 and 9 of present application and accordingly, prayed that the present execution petition be disposed of.

5. Accordingly, para 4 to 7 and 9 are incorporated in the compromise which are as under:

"4. That the Judgement Debtor has agreed to pay to the Decree Holder a total sum of Rs.2,25,00,000/- as per the Schedule laid down hereinafter, and also on the terms laid down.

5. The Judgement Debtor has given a schedule, whereby the Judgement Debtor would be making payments to the Decree Holder on the terms and conditions as laid down herein.

The Judgement Debtor has paid to the Decree Holder a sum of Rs. 20,00,000/- (Rupees Twenty Lacs only) by Pay Order No. 082210 dated 6.12.2021 on Indusind Bank. Sector-63, Noida. Thereafter, the Judgement Debtor shall continue paying to the Decree Holder as per his convenience but shall complete payment of Rs.1,05,00,000/- latest by August 31, 2022. The Judgement Debtor shall pay a further sum of Rs. 1,00,00,000/- (Rupees one crore only) on or before June 30, 2023.

6. The Judgement Debtor agrees that if the schedule detailed above is not adhered to by the Judgement Debtor, then and in that event, the Decree Holder shall be entitled to execute the entire decretal amount, amounting to Rs. 4,94,13,787/- alongwith the interest as directed in the decree.

7. It is agreed that there are two distinct deadlines for the payments to be made by the Judgement Debtor:

(i) August 31, 2022 whereby the Judgement Debtor shall complete a further payment of Rs. 1,05,00,000/- to the Decree Holder.

(ii) June 30, 2023 whereby the Judgement Debtor shall pay to the Decree Holder a further sum of Rs.1,00,00,000/- (Rupees one crore only).

If these two payments are made by the scheduled date by June 30, 2023 the Judgement Debtor would have paid a total sum of Rs. 2,25,00,000/-. It is agreed that the Judgement Debtor is liable to pay to the Decree Holder the entire sums of money as directed in the decrees dated September 30, 2019 in both the cases named above. However, it is further agreed that if the Judgement Debtor makes the two payments as detailed hereinabove, namely, one by August 31, 2022 and the other by June 30, 2023, the decrees would stand satisfied. However, it is specifically agreed that even if there is default in complying with any of the two schedules, as detailed above, the entire decretal amounts shall be payable by the Judgement Debtor to the Decree Holder. The Judgement Debtor has been made to understand that a default in the payments on the two dates mentioned above namely August 31, 2022 and June 30, 2023 by even one day shall make the entire decretal amount payable by the Judgement Debtor.

However, if the Judgement Debtor makes payments as detailed above, namely, a sum of Rs. 1,05,00,000/- by August 31, 2022 and the second payment of Rs. 1,00,00,000/- (Rupees one crore only) by June 30, 2023 both the decrees shall stand satisfied.

9. The Judgement Debtor Manoj Kumar gives an undertaking to the Court that till the two decrees mentioned above are satisfied, the Judgement Debtor shall not sell, mortgage or otherwise transfer his shares in the following three Companies in any manner whatsoever. The Companies and the shareholding are as follo