RSA No.242 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.242 of 2007 Date of Decision: 25.8.2009 Ajaib Singh .....Appellant Vs. M/s Nasib Chand Ramesh Kumar, Commission Agents through its partners Ramesh Kumar and Devinder Kumar and another ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.K.S. Sidhu, Sr. Advocate with Mr.M.S. Brar, Advocate for the appellant. Mr. Tajinder Joshi, Advocate for respondent no.1. .... RAJIVE BHALLA, J The appellant challenges judgements and decrees dated 22.5.2004 and 10.8.2006, passed by the Additional Civil Judge (Senior Division) Patiala and the District Judge, Patiala, decreeing the suit filed by the respondent no.1 and dismissing the appeal filed by the appellant. The plaintiff/respondent no.1, filed a suit for recovery of Rs.3,57,540/- with interest @ 2% pm. The respondents opposed the averments in the plaint and prayed for dismissal of the suit. Vide judgement and decree dated 22.5.2004, the trial court decreed the suit. The appeal filed by the appellants was dismissed. During the pendency of the present appeal, the appellant has filed an affidavit dated 22.7.2009, deposing therein that he does not wish to RSA No.242 of 2007 2 challenge the judgements and decrees on merits and agrees to pay a sum of Rs.6.00 lacs to respondent no.1, in full and final settlement of the amount due, of which Rs.2.00 lacs would be paid within one month and the remaining amount of Rs.4.00 lacs would be paid in six monthly instalments of Rs.1.00 lac each, on or before 15.4.2010, 15.10.2010, 15.4.2011 and 15.10.2011. The appellant has also agreed that in case, he does not pay these instalments, respondent no.1, would be free to execute the decree. In compliance with his affidavit, the appellant has handed over a demand draft no.147240302 dated 21.8.2009, amounting to Rs.2,00,000/- drawn on HDFC Bank, Samana, Distt. Patiala in favour of M/s Nasib Chand Ramesh Kumar Commission Agents, to Sh.Devinder Kumar s/o Nasib Chand- respondent no.1. On 24.8.2009, the appellant made the following statement :- “I accept the correctness of judgments and decrees dated 22.05.2004 and 10.08.2006 passed by the Additional Civil Judge (Senior Division) Patiala and the District Judge, Patiala. However, I have compromised the matter with the respondent and agree to pay a sum of Rs. 6,00,000/- in accordance with the terms and conditions, set out in paragraphs 4 and 5 of my affidavit dated 22.07.2009, which may be read as a part of this statement. I have brought a demand draft no. 147240302, dated 21.08.2009, amounting to Rs. 2,00,000/- drawn on HDFC Bank, Samana, District Patiala in favour of Nasib Chand Ramesh Kumar Commission Agents, for payment to the respondent. I RSA No.242 of 2007 3 pray that the above mentioned judgments and decrees be modified in terms of the compromise. I will pay the remaining instalments at the shop of the respondent in accordance with the schedule set out in my affidavit. The compromise be made a part of the judgment and decree.” On 25.8.2009, Devinder Kumar son of Nasib Chand, partner of M/s Nasib Chand Ramesh Kumar Commission Agents resident of Anand Colony, House no.988/9, Samana, Distt. Patiala made the following statement : “I am duly authorised as a partner of M/s Nasib Chand Ramesh Kumar Commission Agents to make this statement. I have read the statement made by Ajaib Singh son of Shri Bhan Singh and perused his affidavit dated 22.07.2009. I have no objection if the judgments and decrees passed by the courts below are modified in terms and conditions of the compromise as set out in the paragraphs 4 and 5 of the affidavit duly sworn by Ajaib Singh son of Shri Bhan Singh. I have received a demand demand draft no. 147240302, dated 21.08.2009, amounting to Rs. 2,00,000/- drawn on HDFC Bank, Samana, District Patiala in favour of Nasib Chand Ramesh Kumar Commission Agents,, presented today in Court. The judgment and decree may be modified in terms of the compromise.” RSA No.242 of 2007 4 In view of the affidavit dated 22.7.2009 and the statements reproduced herein above, it is apparent that the appellant has accepted the correctness of the impugned judgements and decrees and has agreed to pay a sum of Rs.6.00 lacs in full and final settlement of the decretal amount. The appellant has already paid a sum of Rs.2.00 lacs vide demand draft no..147240302 dated 21.8.2009, amounting to Rs.2,00,000/- drawn on HDFC Bank, Samana, Distt. Patiala in favour of M/s Nasib Chand Ramesh Kumar Commission Agents. The balance amount shall be paid in four equal instalments of Rs.1.00 lac each, payable on or before 15.4.2010, 15.10.2010, 15.4.2011 and 15.10.2011 respectively. It is made clear that in case, the appellant defaults in the payment of any of these instalments, respondent no.1, would be at liberty to execute the decrees., as originally passed. It is also made clear that in case the appellant does not comply with terms and conditions of his affidavit dated 22.7.2009 and his statement dated 24.8.2009, the judgement and decree as originally passed by the courts below shall stand revived. The appeal stands disposed of in the aforementioned terms. 25.8.2009 (RAJIVE BHALLA) GS JUDGE