Shri Mohar Singh vs Nanak Chand and State Bank of India Branch Katrain

V.K. Sharma, J.—Conciliation between the parties tried. The efforts have succeeded. The petitioner and contesting respondent No. 1 have settled the inter se dispute between them amicably and have filed an application under Order 23 Rule 3 read with Section 151 CPC of the Code of Civil Procedure, 1908 for placing on record the compromise entered into between them, which is taken on record as Ex. C-1. Statements of the contesting parties recorded separately, which also go to support compromise, Ex. C-1.

In view of amicable settlement between the parties, the petition is disposed of as compromised in terms of compromise, Ex. C-1, which shall form part of this judgment. Consequently, the judgment and decree dated 30.11.2006, passed by the learned Civil Judge (Senior Division) Lahul Spiti at Kullu, Himachal Pradesh, in Civil Suit No. 4 of 2006, Nanak Chand vs. Mohar Singh and another, shall stand modified accordingly. The parties shall abide by the terms and conditions of the compromise, Ex. C-1, in letter and spirit and failure to do so shall entail consequences as per law and the aggrieved party shall be at liberty to apply to this Court for implementation of this judgment in terms of compromise, Ex. C-1.

A sum of Rs. 2,50,000/- (two lac fifty thousand) deposited by the petitioner in terms of order dated 23.03.2009, in CMP No. 30 of 2009, alongwith up to date accrued interest shall be payable to contesting respondent No. 1, Shri Nanak Chand, forthwith. The amount be remitted to his bank account, particulars whereof shall be furnished to the Registry by his learned counsel. In order to enable the petitioner to ascertain the remaining amount payable under compromise, Ex. C-1, the learned counsel for contesting respondent No. 1 shall apprise the learned counsel for the petitioner about the amount released to contesting respondent No. 1 in terms of this judgment. The petition, so also pending CMP (s), if any, stand disposed of in the above terms.