Neutral Citation Number: 2023/DHC/001385

RFA 390/2021 Page 1 of 3

$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RFA 390/2021 & CM APPL. 41360/2021, 41361/2021

ISHWAR SINGH

..... Appellant

Through:

Mr. M.L Yadav, Advocate with

Appellant-in-person.

versus

RAMESH PRAKASH

..... Respondent

Through:

Respondent-in-person.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J. (ORAL)

1.

Present appeal has been filed assailing the impugned judgment

and decree dated 29.06.2021 passed by the Trial Court in Civil Suit

being Civ. DJ No. 608390/2016.

2.

The Trial Court has decreed the suit for recovery of

Rs.4,00,000/-, being the principal loan amount in favour of the

Plaintiff (Respondent herein) along with interest @ 6% per annum,

from the date of filing of the suit i.e. 20.12.2010 till realization of the

decretal amount, with costs of the suit.

3.

By an order dated 22.11.2021, this Court had granted stay of the

operation of the judgment and decree dated 29.06.2021, subject to the

Appellant depositing 75% of the decretal amount as computed on

22.11.2021, with the Registrar General of this Court, within a period

of eight weeks. The amount was directed to be kept in an interest

bearing FDR, till further orders.

Digitally Signed

By:KAMAL KUMAR

Signing Date:27.02.2023

14:16:48

Signature Not Verified

Neutral Citation Number: 2023/DHC/001385

RFA 390/2021 Page 2 of 3

4.

Learned counsel appearing on behalf of the Appellant submits

that instead of depositing 75% of the decretal amount, Appellant had

deposited a higher amount of Rs. 6,52,000/- vide Banker’s Cheque

No. 058569 dated 16.08.2022 and further submits that the Appellant is

willing to settle the matter if the Respondent is agreeable to receive a

sum of Rs.6,52,000/- deposited in this Court in full and final

settlement of his claim and will not press the appeal.

5.

Respondent is present in person. He has been explained the

offer made by the Appellant in Hindi Language, which he

understands, and it is agreed by the Respondent that he would settle

the matter finally if the amount deposited in the Court is released to

him and would not make any further claim on the Appellant and the

appeal can be disposed of.

6.

The settlement arrived at between the parties is taken on record.

Respondent has agreed to accept Rs. 6,52,000/- along with interest

accrued thereon, in full and final settlement of all his claims and

Appellant has agreed to withdraw the appeal. Needless to state, this

settlement shall bind the parties.

7.

Accordingly, it is directed that the amount deposited by the

Appellant in this Court shall be released to the Respondent along with

the interest accrued thereon till the date of release. List the appeal

before the learned Registrar General on 13.03.2023, for the purpose of

release of the aforementioned amount, subject to verification and other

formalities required to be completed by the Respondent.

8.

Since the matter has been settled between the parties, Appellant

is entitled to refund of the Court Fee deposited by him, in accordance

with provisions of Section 16 of the Court Fees Act, 1870 read with

Section 89 CPC, 1908.

Digitally Signed

By:KAMAL KUMAR

Signing Date:27.02.2023

14:16:48

Signature Not Verified

Neutral Citation Number: 2023/DHC/001385

RFA 390/2021 Page 3 of 3

9.

Appeal is disposed of in the above terms along with the pending

applications.

JYOTI SINGH, J

FEBRUARY 22, 2023/rk/shivam

Digitally Signed

By:KAMAL KUMAR

Signing Date:27.02.2023

14:16:48

Signature Not Verified