// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Appeal No.2188/2008 With S.B. Civil Misc. Stay Appl. No.1473/2008 Sukhdev Singh Meena S/o Shri Narayan Singh Meena Versus Mahindra and Mahindra Financial Services Limited Date of Order ::: 05.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Ms. Anisha Jain, Counsel for appellant Appellant Sukhdev Singh Meena present-in-person Shri Anurag Sharma with Shri Arvind Sharma, Counsel for respondent Shri Narendra Pandit, Officer-in-Charge of respondent, present-in-person #### By the Court:- Applicant-respondent Mahindra and Mahindra Financial Services Limited filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1996') in the Court of District Judge, Jaipur City, Jaipur, with a prayer to appoint a receiver ex-parte in respect of Tractor bearing registration No.RJ-14-1R-3935, Mahindra 275 DI, Engine No.JDH 1561 and Chassis No.JDH 1561. The District Judge, vide its order dated 7th December, 2007, appointed Shri Sanjay Goyal as receiver and authorized him to take the custody // 2 // of the said tractor. The receiver took the custody of the Tractor on 11th March, 2008 and delivered the custody thereof to the applicant- respondent Company. Being aggrieved with the aforesaid order dated 7th December, 2007, the non-applicant/appellant preferred this appeal before this Court under Section 37(1)(a) of the Act of 1996. A notice to show cause was given to the respondent and, in pursuance thereof, the respondent entered appearance through counsel. During the pendency of the appeal, both the parties arrived at a compromise, which is taken on the record. The compromise is duly signed by the appellant Sukhdev Singh Meena, his counsel Ms. Anisha Jain, Shri Narendra Pandit, Senior Branch Manager of the respondent and his counsel Shri Arvind Sharma. The contents of the compromise have been admitted by both the parties, present-in-person. The contents of the compromise are reproduced as under:- “1. That the petitioner is agreed to pay 1.25 Lacs Rupees in two installment for releasing his tractor with NOC and all other papers of ownership and the blank Cheque No.229661, 229662, 229663, 229664, 229665, 229666, of the Bank of Rajasthan Ltd, Bhagat Bhawan, M.I. Road Jaipur which was given by the petitioner to the company and after given one // 3 // Installment tractor should be released by the company. Petitioner is ready to give 1.25 Lacks Rupees in two Installment within three months.” The parties and their respective counsel have also agreed that the appellant will pay Rs.62,500/- (Rupees sixty-two thousand and five hundred only) on or before 12th August, 2008, and immediately thereafter the respondent company will handover the custody of the Tractor to the appellant. The appellant shall deposit the remaining amount of Rs.62,500/- (Rupees sixty-two thousand and five hundred only) on or before 5th of November, 2008, and immediately on deposit thereof the respondent Company will issue 'no objection certificate' to the appellant and will also return the blank Cheques, if any, as mentioned in the compromise reproduced above. The respondent Company also undertakes that he will not use the blank Cheques given by the appellant. In view of the above compromise entered in between both the parties, the appeal is disposed of. Consequently, the application filed under Section 9 of the Act of 1996 by the respondent Company before the District Judge, Jaipur City, Jaipur, also stands disposed of. A copy of this order may also be sent to the Court of District Judge, Jaipur City, // 4 // Jaipur. So far as this appeal is concerned, the parties shall bear their own costs. In view of this order, the stay application, filed with the appeal, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//