LAWS(UTN)-2025-1-18

MAHENDRA KUMAR AGARWAL Vs. STATE OF UTTARAKHAND

Decided On January 03, 2025
MAHENDRA KUMAR AGARWAL Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This C482 application was referred to Daily Lok Adalat situated at ADR building, High Court Campus, Nainital. The matter was taken up by the Daily Lok Adalat on 7/8/2024, where the parties have filed a compromise stating that the payment has to be paid after 45 days on 25/9/2024. Thereafter, on 25/9/2024, the matter was adjourned on the request of the applicant and the matter was listed for 23/10/2024. On 23/10/2024, a compromise was filed and according the compromise, the dispute between the parties was settled by way of a compromise and the applicant was ready to pay an amount of Rs.10,00,000.00 to the respondent No.2 and submitted a demand draft No.987541 amounting to Rs.6,70,000.00 before the Lok Adalat and remaining amount of Rs.3,30,000.00 has been submitted vide cheque No.001662 dtd. 8/12/2024 as security and the matter was settled in terms of the aforesaid compromise. But, subsequently, the cheque No.001662 dtd. 8/12/2024 was not encashed due to certain reasons, therefore, a statement was made by the learned senior counsel for the applicant before this Court on 31/12/2024 that amount would be paid by handing over a demand draft to the respondent No.2 and this case was directed to be fixed for today i.e.3/1/2025.

(3.) Today, the matter is taken up. Both the parties are present before this Court, who are duly identified by their respective counsels.