2025:UHC:10433 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR Modification Application (MCC No. 03 of 2025) In WRIT PETITION (M/S) NO. 1677 OF 2025 12TH DECEMBER, 2025 M/s Sarthi Construction and Infra Private Limited & another …… Petitioners Versus M/s Kabir Infra Developers …… Respondent Counsel for the petitioners : Mr. D.S. Patni, learned Senior Counsel assisted by Mr. Dharmendra Barthwal, learned counsel Counsel for the respondent : Mr. S.S. Chauhan and Mr. Mukesh Singh Rawat, learned counsel The Court made the following: ORDER: Heard the learned Senior Counsel appearing on behalf of the applicant-petitioner. 1 2025:UHC:10433 2) The learned Senior Counsel would submit that the instant application is made as the petitioner has calculated the dues and the sum due to the respondent is not Rs.14,00,000/-. 3) Per contra, the learned counsel for the respondent Mr. S.S. Chauhan would produce before the Court an application preferred by the defendant (petitioner herein) invoking the provisions of Order 15 Rule 1 of the Code of Civil Procedure, 1908. 4) The petitioner, that is the defendant, has pleaded as under in Paragraph Nos. 4 and 5 : “That in view of the aforesaid the entire amount claimed by the Plaintiff to be due against the Defendants has been accepted and paid by the Defendants by depositing the same before the Hon’ble High Court of Uttarakhand. That in view of the aforesaid facts the present suit is liable to be disposed off under Order 15 Rule 1 of the Code of Civil Procedure, 1908.” 5) From a reading of the above it is apparent that the defendant (petitioner herein) has accepted or rather desired for a closure by paying the amount claimed by the respondent (plaintiff in the court below). In that view whether the sum of Rs.14,00,000/- represents the exact amount of the sum due to the respondent/plaintiff or is 2 2025:UHC:10433 lesser or more would not survive for consideration as the defendant has submitted that he is willing to accept the said sum as the sum representing the dues to the plaintiff and has prayed for closure. 6) It is further submitted by the learned counsel for the respondent that the respondent / plaintiff has admitted and accepted the same and in that view, and also in view of the fact that the respondent / plaintiff has not objected to the application, this Court has allowed the application and decreed the suit on 05.12.2025. 7) In that view, the instant application is absolutely misconceived. Accordingly, modification application (MCC No. 03 of 2025) stands rejected. _______________ G. NARENDAR, C.J. Dt: 12TH DECEMBER, 2025 Negi 3