VALLABH DAS GUPTA Vs. GEETA BAI

JUDGEMENT

(1.) THIS case was referred under Section 89 to Shri T. C. Singhal, Advocate to mediate and help the parties to arrive at an amicable solution. After reference mediator arrange mediation talks between the parties and after the mediation sittings parties had settled their case in all the three appeals. In all the three cases decree for Rs. 9,69,198/- was passed against all the appellants. On mediation the appellants agreed to pay Rs. 7,70,000/- to the plaint/decree holder. Plaintiff has agreed to give up his claim for Rs. 1,99,198/- and accepted the amount of Rs. 7,70,000/- as full and final settlement of the case.

(2.) COUNSEL for the parties appearing in this appeal states that the parties have arrived at the aforesaid settlement with the aid of mediator Shri T. C. Singhal, Advocate.

(3.) CONSIDERING the facts of the case the combined decree in all the three suits is modified to Rs. 7,70,000/ -. The amount has been paid. This amount will include the interest as well as cost of the litigation. In F. A. No. 228/2003 decree was for Rs. 1,00,000/- with interest @ 12% w. e. f. 30th January, 1993 plus interest of Rs. 15,444. 50. This decree was passed on 8-8-2003. Similarly in First Appeal No. 230/2003 similar decree was passed and in First Appeal No. 231/2003 decree of Rs. 2,00,000/- with interest @ 12% p. a. w. e. f. 30th January, 1993 and appellant was further required to pay Rs. 24,951. 25 towards interest prior to 30-1-1993. This decree was passed on 8th August, 2003. Now parties have settled the dispute in all the three cases. Therefore, decree in all the three cases is modified and it is directed that against the decree sum of Rs. 7,70,000/- is received by plaintiff as full and final settlement and the plaintiff has given up his claim to remaining amount. Decree be modified accordingly.