1 2025:CGHC:55667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 651 of 2018 1 - Sanjay Chourdia S/o Late Parasmal Chourdia, Aged About 42 Years, R/o Anmol Super Bazar, Amrit Sandhes Complex, G.E. Road Tahsil Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Vikram Chourdia S/o Late Parasmal Chourdia, Aged About 42 Years, R/o Anmol Super Bazar, Amrit Sandhes Complex, G.E. Road Tahsil Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Abhay Chourdia S/o Late Parasmal Chourdia, Aged About 38 Years, R/o Anmol Super Bazar, Chouhan Estate, Near Mourya Talkies, Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh 4 - Maina Bai Chourdia Wd/o Late Parasmal Chuordia, Aged About 65 Years, R/o Swaroopchand Nginchand and Brothers, Near Mahavir School, Gudihari Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Appellants /Defendants versus 1 - Satish Agrawal S/o Shri Kanhaiya Lal Agrawal, Proprietor Hans Book Depo, Kanakli Hospital Chowk, Raipur Tahsil and District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent /Plaintiff (Cause-title taken from Case Information System) For Appellants : Mr. Sandeep Patel, Advocate. For Respondent : Mr. Ankur Agrawal, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 14-11-2025 Digitally signed by MOHAMMED AADIL KHAN Date: 2025.12.11 19:06:55 +0530 2 1. The present first appeal under Section 96 of the Code of Civil Procedure, 1908 has been filed by the appellants against the impugned judgment and decree dated 25-07-2018 passed by the learned 8th Additional District Judge Raipur in Civil Suit No.09B/2013 whereby a decree has been passed for recovery of Rs.5,00,000/- along with interest at the rate of 8% per annum from 01-02-2012 till its realization in favour of the plaintiff. 2. For the sake of convenience, the status of the parties as shown in the suit is taken in the present appeal. 3. The plaintiff had filed a civil suit for recovery of Rs.5,00,000/- against the defendants with the pleading that he advanced a loan to father of the defendants on 26-07-2011 which he paid to him through cheque of IDBI bank bearing cheque No.992910 dated 26-07-2011 at the rate of 1.25% monthly interest. A promisory note was also executed in favour of the plaintiff. The defendants have paid the interest up to 31-01-2012, however, they stopped payment of interest thereafter. After service of legal demand notice 29-05- 2012 the present civil suit has been filed. 4. In the suit the defendants contested the claim of the plaintiff and filed their written statement, denied their liability to pay the interest as well as the principal amount to the plaintiff and pleaded about the business transactions between them. However, after framing of the issues and recording evidence of the parties the learned trial court has passed the decree of recovery of Rs.5,00,000/- in favour of the plaintiff along with interest in favour of the plaintiff holding that the father of the defendants have borrowed Rs.5,00,000/- at the rate of 1.25% monthly interest from the plaintiff and there is no repayment of either interest or the principal amount. The said judgment and decree passed by the learned trial Court dated 25-07-2018 was challenged by the defendants in the present first appeal. 5. During pendency of the present first appeal, the parties have amicably settled their dispute and the defendants were agreed to pay a total sum of 3 Rs.8,00,000/- to the plaintiff and they settled their dispute in the mediation proceeding before this Court on 07-07-2025. The relevant part of the terms and conditions of the settlement between the parties are as below:- "1- यह अपीला गण ारा चारण यायालय े सम 4]35]000@& ¼ चार लाख पैतीस हजार ½ पये रा जमा र दी गई है। mDr रा mRrjoknh सती अ!ाल "#यानुसार "ा& र'गे। 2- ;gfd vihykFkZ x.k 'ks"k jkf’k 3]65]000@& (rhu yk[k iSlB gtkj) vkt fnukad 07-07-2025 ls 2 ekg ds Hkhrj psd ds ek/;e ls iznk; djsaxsA 3- ;g fd mRrjoknh }kjk fopkj.k U;k;ky; ds le{k izLrqr fd;k x;k U;k; 'kqYd@dksVZ Qhl rFkk vihykFkhZ x.k }kjk ekuuh; mPp U;k;ky; ds le{k izLrqr fd;k x;k U;k; 'kqYd@ dksVZ Qhl okil izkIr djus ds gdnkj gksaxsA bl laca/k esa U;k;ky; Qhl vf/kfu;e 1870 dh /kkjk 16 ds vk/kkj ij O;ogkj izfdz;k lafgrk dh /kkjk 89 ¼1½ ¼Mh½ ds rgr~ e?;LFkrk ds ek/;e ls fujkdj.k ds vk/kkj ij lacaf/kr i{k U;k;ky; esa tek dh xbZ Qhl dh iwjh jde izkIr djus ds fy;s izek.k i= izkIr djus ds gdnkj gSaA mHk;i{k bl le>kSrk i= dh 'krksZa ls lger gSa ,oa ikyu ds fy, dfVc) gSa le>kSrk i= esa nh xbZ 'krksZa dks mUgksaus viuh Lo;a dh LosPNkiwoZd lgefr ,oa fcuk fdlh ncko] Hk; ,oa ykyp ds Lohdkj fd;k x;k gSA mHk;i{k us bl le>kSrk i= dh 'krksZa dks i<+us o le>us ds i'pkr viuh lora= lgefr ls ijLij ,d&nwljs dh mifLFkfr esa gLrk{kj dj fu"ikfnr fd;kA”s 6. From perusal of the terms and conditions of the settlement between the parties, it transpires that Rs.4,35,000/- has been deposited by the defendants before the learned trial Court in compliance of the order dated 14-12-2021 vide receipt No.18 Book No.4568 on 11-01-2022 and the remaining amount of Rs.3,65,000/- has been paid to the defendants through cheque No.154869 which is of Bank of Baroda, Devpuri Branch, Raipur dated 22-08-2025 for the total sum of Rs.3,65,000/-. The said payment of amount has not been 4 disputed by the plaintiff. 7. Since the parties have settled their dispute under the terms and conditions and the terms has already be complied with and the entire amount under the settlement has been either paid or deposited by the defendants, the parties are willing to get the present appeal disposed of under the terms and conditions of the settlement and now the plaintiff is not having any grievance against the defendants. The statement of respective parties have also been recorded before the Additional Registrar (Judicial) of this Court on 01-07- 2025 in compliance of the order passed by this Court on 24-06-2025 and they re-affirmed the terms and conditions of the compromise. 8. Since the plaintiff has satisfied with the terms and conditions of the compromise and he does not want to pursue his claim further and his grievance has been settled, it would be appropriate to dispose of this first appeal under the terms and conditions of the settlement between the parties. Accordingly, the present first appeal is disposed of. 9. The plaintiff Satish Agrawal is entitled to withdraw the amount deposited by the defendants before the learned trial Court on 11-01-2022. 10. Keeping in view the law laid down by the Hon’ble Supreme Court in the matter of High Court of Judicature at Madras represented by its Registrar General Vs. M.C. Subramaniam and others, (2021) 3 SCC 560, the appellants are entitled for refund of the Court fee paid in the present first appeal. 11. Appellate decree be drawn accordingly. Sd/- (Ravindra Kumar Agrawal) Judge Aadil