DEEPAK SEHGAL Vs. KIRAN SETHI

JUDGEMENT

(1.) THIS petition assails the order dated 27.11.2010 of ADJ whereby the application under Section 152 CPC filed by the petitioner herein was dismissed.

(2.) THE petitioner herein is the plaintiff in Suit No. 65/2010 which was pending before the ADJ and wherein the impugned order came to be passed. The suit was under Order 37 CPC for recovery of Rs. 9,94,000/- against the respondents. In addition to the said suit, there were as many as three complaints filed by the petitioner against the respondents under Section 138, N.I.Act which were also pending in the courts of Metropolitan Magistrates. During the pendency of all these cases, the parties arrived at a settlement on 3.12.2008 at Tis Hazari District Courts Mediation Centre. In the said settlement, a total of Rs.22 lakhs was agreed to be paid by the respondents in full and final towards the aforesaid three complaints and the civil suit under Order 37. These payments were to be made in installments starting from 15.11.2008 to 15.4.2010 as per the details given in the 'Annexure-A' forming part of the settlement agreement of 3.12.2008. As per the settlement, the delay beyond two days was to entitle the petitioner to charge interest @ 2 % per month from the respondents on the balance amount from the date of default till the date of payment. Further, as per the settlement, the consent decree was to be drawn in the civil suit under Order 37 whereas, the petitioner was to withdraw the three complaints under Section 138, N.I.Act after the payment of the entire amount by 15.4.2010.

(3.) THE said order has been assailed alleging that the respondents have not complied with their part of terms of the settlement. So the petitioner's suit under Order 37 needs to be revived.