Regular Second Appeal No. 2596 of 2008 (O& M) 1 In the High Court of Punjab and Haryana, at Chandigarh Regular Second Appeal No. 2596 of 2008 (O& M) Date of Decision: 1.9.2011 M/s Transport Corporation of India Limited and Another ... Appellants Versus United India Insurance Company Limited and Another ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Maninder Arora, Advocate for the appellants. Kanwaljit Singh Ahluwalia, J. (Oral) Civil Misc. No. 9891-C of 2011 The present application has been filed under Section 151 CPC praying that the appeal viz. Regular Second Appeal No. 2596 of 2008 be disposed of in view of the settlement arrived at between the parties as per Annexure A3 and this Court should direct the Executing Court to refund the amount of Fixed Deposit Receipt of. ` 5,22,000, deposited by the appellant before the Executing Court as per the directions issued by this Court on 4.11.2008 along with interest. Mr. Maninder Arora, Advocate, appearing on behalf of the applicant/appellant, has submitted at bar that till today nobody has caused appearance on behalf of the respondents in the present regular second appeal. Regular Second Appeal No. 2596 of 2008 (O& M) 2 For the reasons stated in the application, the same is allowed. Regular Second Appeal No. 2596 of 2008 is taken up, on board of this Court, for hearing. Regular Second Appeal No. 2596 of 2008 United India Insurance Company Limited and M/s Rai Agro Industries Limited had instituted a suit for recovery of an amount of ` 5,21,985 which included principal amount of ` 4,99,500 including freight charges plus ` 12,250 as surveyor fee plus interest of ` 10,235 at the rate of 12% per annum. The suit, filed by the plaintiffs/respondents, was decreed and it was held by the trial Court that the plaintiffs are entitled to the recovery of ` 5,21,985 along with interest thereon at the rate of 6% per annum from the date of filing of the suit till its actual payment. The appeal, filed by the present appellants, was also dismissed by the lower Appellate Court. Aggrieved against the same, the present regular second appeal has been filed. On 4.11.2008, a Co-ordinate Bench of this Court had ordered that execution of the impugned judgments and decrees of the Courts below shall remain stayed subject to the condition that the appellants would deposit the decretal amount in the shape of Fixed Deposit Receipt in a long term deposit in favour of the trial Court under notice to the respondents. It was further ordered that the amount, so accumulated, would obviously be handed over to the successful party. Today, an application viz. Civil Misc. No. 9891-C of 2011 has been filed, wherein it is stated that settlement (Annexure A3) has been arrived at between the parties and payment of ` 3,50,000 has been made to the respondent/plaintiff-United India Insurance Company Regular Second Appeal No. 2596 of 2008 (O& M) 3 Limited towards one time settlement. It was further prayed that in view of the settlement, the amount, which was kept in the Fixed Deposit Receipt in the name of the trial Court, be retuned to the appellants/defendants. During the course of arguments, Mr. Arora has submitted that in view of the compromise arrived at between the parties, he may be permitted to withdraw the present appeal. As prayed, the present appeal is dismissed as withdrawn. However, the trial Court is directed to issue notice to the respondents/plaintiffs and verify the factum of compromise. If the plaintiffs/respondents vouch safe the factum of compromise and state that they are satisfied with the payment of ` 3,50,000, the trial Court shall pass an appropriate orders regarding refund of amount so kept in the Fixed Deposit Receipt (Annexure A2). (Kanwaljit Singh Ahluwalia) Judge September 1, 2011 “DK”