Chandigarh

StateCommission

EA/354/2018

Mr Lovekesh Kathuria - Complainant(s)

Versus

Mr. Sushil Ansal, Chairman of M/s Ansal Properties & Infrastructure Ltd. - Opp.Party(s)

Inderpal Singh Bhinder

21 Nov 2019

ORDER

MA/871/2019

                        Reply to the application not filed.            

                        To be decided alongwith main execution application bearing No.354 of 2018, listed for today.

EA/354/2018

                        As per report received from the police officials, Sh. Sushil Anal, Chairman and Sh. Pranav Ansal, Managing Director of M/s Ansal Properties and Infrastructure Ltd. were not found present at the given addresses.

                        Today, Counsel for both the parties have stated that the matter has amicably been settled between the parties.

                        In lieu of aforesaid settlement, Sh. Sandeep Kumar, Advocate, Counsel for the judgment debtors has handed following 9 post-dated cheques in favour of the decree holder to the Counsel for decree holder against receipt:-

Post-dated cheques in favour of Sh. Lovekesh Kathuria, Decree Holder.

Cheque No.

Date

Amount (Rs.)

181681 to 181689

 

10.12.2019, 10.01.2020, 10.02.2020, 10.03.2020, 10.04.2020, 10.05.2020, 10.06.2020, 10.07.2020 & 10.08.2020

4,26,389/- each

 

 

                        Sh. Sandeep Kumar, Advocate, Counsel for the judgment debtors has also submitted that the aforesaid post-dated cheques also include the outstanding loan amount.

                        Sh. Inderpal Singh Bhinder, Advocate, Counsel for the decree holder has undertaken that the decree holder shall clear the outstanding loan amount. He has duly accepted the aforesaid post-dated cheques towards full and final settlement of all claims raised in this execution application.

                        Counsel for the decree holder has submitted that he wants to withdraw this execution application under the settlement, subject to realization of all the aforesaid post-dated cheques. However, he reserves his right to file a fresh execution application in case any of the aforesaid post-date cheques is dishonoured.

                        It is made clear that the entire liability of the judgment debtors will come to an end only after realization of all the aforesaid post-dated cheques.

                   We also made it very clear that in case, any of the aforesaid post-dated cheques is dishonoured, the judgment debtors shall pay 10% of the cheque amount as penalty to the decree holder. This order with regard to payment of penalty shall be in addition to the other civil and criminal liabilities of the judgment debtors. It is also made clear that in case any of the conditions is violated or not complied with by the judgment debtors, liberty shall remain with the decree holder to file a fresh execution application on the same cause of action.

                        Accordingly, order dated 01.10.2019 qua non-bailable warrants of the judgment debtors cease to exist.

                        In view of above, this execution application stands dismissed as withdrawn with liberty as aforesaid.

                        Miscellaneous Application bearing No. 871 of 2019 also stands disposed of.

                        Certified copies of this order be given dasti to the parties/their Counsel free of charge.

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