HIGH COURT OF PUNJAB AND HARYANA
M/S T.M.S. REAL ESTATE PVT. LTD – Appellant
Versus
HARJIT KAUR CHOPRA – Respondent
RSA 1241 2020
Fact of the Case:
The appellant and respondent entered into a compromise agreement to settle a civil suit filed by the respondent against the appellant. The terms of the compromise included the dismissal of the civil suit and the payment of Rs. 10,50,000/- by the appellant to the respondent.
Finding of the Court:
The court allowed the appeal and dismissed the civil suit filed by the respondent. The court also directed the appellant to pay Rs. 10,50,000/- to the respondent as per the terms of the compromise agreement.
Final Decision: The appeal was allowed and the civil suit filed by the respondent was dismissed.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
2023:PHHC:151983
116
RSA No.1241 of 2020 (O&M)
Date of decision: 29.11.2023
M/S T.M.S. REAL ESTATE PVT. LTD.
..APPELLANT
VS.
HARJIT KAUR CHOPRA
..RESPONDENT
CORAM: HON’BLE MR. JUSTICE KARAMJIT SINGH
Present:
Mr. G.S. Bhatia, Advocate
for the appellant.
Mr.Sanjeev Kumar, Advocate
for the respondent.
***
KARAMJIT SINGH, J.(ORAL)
Counsel appearing on behalf of the appellant/applicant stated at bar
that matter stands compromised between the parties and concerned
Compromise Deed is Annexure A-1 which is bearing the signatures of duly
appointed attornies of both the parties. That as per said compromise, the
present appeal is to be allowed and the civil suit filed by respondent-Harjit
Kaur Chopra bearing No.77 of 13/04/2010 decided on 19/05/2015 is to be
dismissed and in lieu of that appellant has made payment of Rs.10,50,000/- by
way of demand draft whose copy is Annexure A-3. The original of the said
draft is today handed over to the attorney of Harjit Kaur Chopra who is
present in the Court.
Counsel for the respondent along with the attorney of respondent
made separate statement at bar wherein they admitted the factum of
compromise Annexure A-1 which has been effected between the parties and
the same is bearing signatures of attornies of both the parties. It is further
POONAM SHARMA
2023.11.30 16:07
I attest to the accuracy and
integrity of this document
2023:PHHC:151983
RSA No.1241 of 2020 (O&M)
-2-
stated that the respondent is having no objection if the civil suit filed by her
is dismissed while the present appeal is allowed. It is further stated that
attorney of respondent has today received original of draft Annexure A-3
worth Rs.10.5 lacs and the terms and conditions of compromise stands fully
satisfied.
Compromise Annexure A-1, copy of Power of Attorney Annexure
A-2 and copy of draft Annexure A-3 are taken on record.
In light of the above, it stands proved that the parties have effected
amicable settlement and the concerned Compromise Deed is Annexure A-1
and the parties agreed that the civil suit filed by respondent No.1 is to be
dismissed and the present regular second appeal is to be allowed and in lieu
of that appellant has made payment of Rs. 10.5 lacs by way of draft Annexure
A-3 to the respondent through her attorney Gurpal Singh.
Consequently, the present appeal is allowed and the suit filed by
respondent stands dismissed. The appeal as well as CM No.13184-C of 2023
stands disposed of in aforesaid terms.
(KARAMJIT SINGH)
November 29, 2023
JUDGE
Poonam Sharma
Whether speaking/reasoned
Yes/No
Whether reportable
Yes/No
POONAM SHARMA
2023.11.30 16:07
I attest to the accuracy and
integrity of this document
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