No. 12/03.02.2011.

Appellant through Mr. P. Banerjee, the Ld. Advocate and Respondent No. 9 through Mr. Subhotosh Dhar, the Ld. Advocate are present.  This appeal is taken up for disposal in presence of the Appellant and the Respondent No. 9.  It appears from the order dated 11.01.2010 passed in this appeal that in presence of all the parties agreed to a settlement by this appeal on the following terms.

"The Appellant/Developer will remove the defects as reported in Sl. No. 1 and 3 at page-3 of the impugned judgement and also in Para-4 regarding parapet wall, within a period of one month.  The Appellant also will be taking possession of the four flats mentioned in Sl. No. 5 at Page-3 of the impugned judgement and will clean them.  The Appellant also will pay a sum of Rs.75,000/- (Rupees seventy five thousand only) to the Respondent No. 9 being the arrears in terms of Clause-7 of the Agreement between the Appellant and Respondent No. 9.  After the repairing is complete as aforesaid and payment is made as aforesaid, the Appellant/Developer and the Respondent No. 9, owner of the property, will execute and register eight Deeds of Conveyance in respect of the Respondent Nos. 1 to 8, the purchasers of the eight flats, within a period of two months from today".

Today the Appellant makes payment of Rs.75,000/- vide Bank Draft No. 033746 dated 02.02.2011 to the Respondent No. 9 by the Appellant and all the parties agreed to the settlement on the aforesaid terms.  This appeal shall accordingly stand disposed of as being settled on the said terms between the parties.