BHUPINDER KALRA Vs. PARAMJIT KAUR & ORS

JUDGEMENT

(1.) The present petition has been filed challenging the impugned order dated 21st October, 2019 by which the Executing Court has decided the application filed by the Petitioner - Mr. Bhupinder Kalra seeking certain directions in respect of the moveables lying in the tenanted premises. The background of the petition is that a MOU was entered into between the Respondent - Smt. Paramjit Kaur and the Petitioner in respect of a decree passed in Civil Suit No. 4/2013. In the said MOU dated 18th September, 2018, the Petitioner agreed to pay to the Respondent a sum of Rs. 15,00,000/- in various instalments of approximately 20 cheques, which were given to the Respondent. Apart from the said payment of Rs. 15,00,000/-, it was also agreed between the parties that after ten payments were made and the said cheques were encashed, the Petitioner would be entitled to lift the goods from the tenanted premises. The clauses in the agreement are as under:

(2.) The said MOU which was a settlement between the parties was recorded before the Court on 19th September, 2018. In the application, the parties again agreed that after ten cheques were encashed, the Petitioner would be entitled to lift the goods. The statements of all the parties were also recorded before the Executing Court.

(3.) A notice was sent on behalf of the Petitioner on 17th September, 2019 calling upon the Respondent to suggest the date, time and place convenient for lifting of the goods. An application was thereafter moved seeking directions in the following terms.