Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: CS SCJ 2177/24
MOHD MOINUDDIN Vs. M C D
01.07.2025
This Court is functioning without Assistant Ahlmad.
Present: Sh. Absar Ahmed, Ld counsel for plaintiff alongwith plaintiff.
Sh. M. N Khan, Ld counsel for defendant no.2 and 3 alongwith
defendant no.3
Sh. Akash Gupta, Ld counsel for defendant no.1 / MCD through
V/C.
Ld counsel for defendant no. 2 and 3 has placed on record Internet
Generated copy of order dated 10.03.2025 passed by Ld. DJ-01/ Central/ Tis
Hazari Courts, whereby consent decree has been passed in favour of the plaintiff
in terms of mediation settlement dated 19.12.2024.
Ld counsel for defendant no.2 and 3 submits that he has already
paid an amount of Rs. 15,50,000/- to the plaintiff in terms of mediation
settlement and no cause of action exists in favour of the plaintiff and against
defendant no.2 and 3. On the other hand, Ld counsel for plaintiff submits that
the remaining amount has not been paid by the other parties in the connected
matter in terms of mediation settlement and it is requested that matter be
adjourned as he intends to file execution petition in terms of consent decree
dated 10.03.2025 and he has already filed complaint case u/s 138 N. I. Act qua
the cheques given by the other parties in the connected matter which is now
listed in the month of September, 2025.
On Court query as to how the present suit is maintainable in terms
consent decree dated 10.03.2025 as the payment has already been made by
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defendant no.2 and 3 as per the mediation settlement, Ld counsel for plaintiff
seeks time to advance arguments.
Put up for arguments on maintainability of the present suit on
19.08.2025.
(Umesh Kumar)
JSCC-Cum-ASCJ-Cum-Guardian Judge-02
Central, Tis Hazari Courts/01.07.2025
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