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2012 DAILYLAW 3440 (DEL)

PRAKASH CHAND v. MOTI LAL

RFA/491/2012 · 2026-07-20

Harish Vaidyanathan Shankar

body2012

Judgment text

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$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 491/2012 PRAKASH CHAND .....Appellant Through: Mr. Dhruv Dwivedi and Mr. Pranav Pandey, Advocates. versus MOTI LAL .....Respondent Through: Mr. Karan Govel, Advocate. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 20.07.2026 CM APPL. 45320/2026 (For recording of compromise/ settlement and passing of consent decree in terms of the memorandum of settlement dt. 16.05.2026) 1. The present Application has been filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, by the Applicant/Respondent seeking the following reliefs: ―a) Record the Memorandum of Settlement dated 18.05.2026, executed between the Parties, as a lawful compromise within the meaning of Order XXIII Rule 3 of the Code of Civil Procedure, 1908; b) Pass a consent decree/order in terms of the said Memorandum of Settlement and Dispose off RFA No. 627/2015, RFA No. 668/2015, RFA No. 491/2012 and RFA No. 710/2019 in terms of the present Memorandum of Settlement; c) Direct the release of the amount of Rs. 3,89,375/- (including interest/accrued interest, if any) deposited vide Cheque No. 631410 dated 05.11.2015 in this Hon'ble Court, in the name of the Registrar General, Delhi High Court, to the Shri Parkash Chand; and d) Pass any such further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, and in the interest of justice.‖ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:07:30 2. The parties appear in person before the Court, and upon being queried, they submit that the Memorandum of Settlement dated 18.05.2026 [―Memorandum of Settlement‖] has been executed voluntarily, out of their own free will, and without any coercion, undue influence or duress. They have also identified their respective signatures on the said Memorandum of Settlement. 3. In view of the same, this Court is of the view that there is no impediment in granting the reliefs as sought for and the present Application is allowed. 4. The Registry is directed to release the amount of Rs. 3,89,375/- (including interest/accrued interest, if any) deposited vide Cheque No. 631410 dated 05.11.2015 in this Hon'ble Court, in the name of the Worthy Registrar General of this Court, directly into the bank account of Shri Parkash Chand - Non-Applicant/Appellant within a period of one (1) week from today. 5. The particulars of the bank account of the Non- Applicant/Appellant are as under: Bank Name: Canara Bank Account Number: 0391101036234 IFSC Code: CNRB0000391 Branch Name: Tagore Garden, Delhi 6. Accordingly, the present Application, as well as RFA Nos. 627/2015, 668/2015, 491/2012 and 710/2019 stand disposed of in terms of the Memorandum of Settlement. HARISH VAIDYANATHAN SHANKAR, J. JULY 20, 2026/tk/jk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/07/2026 at 12:07:30