Interim Order 7

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.) 556/23
M/S DR. MOREPEN LIMITED Vs. M/S MANRAI DISTRIBUTOR
03.04.2025
Present:- Sh. Dewa Paljor, Ld. Counsel for the plaintiff.
Sh. Amit Manrai, Proprietor of the defendant.
Matter has been received from the Mediation Centre as
settled.
It is stated by the Ld. Counsel for the plaintiff that the
defendant has not complied with the settlement so arrived at between
the parties before the Mediation Centre on 23.01.2025.
Proprietor of the defendant submits that he was under the
impression that the payments have to be made before the court and
therefore, he could not pay the installments as agreed between the
parties before the Mediation Centre. He further submits that on
20.02.2025, there was Lawyers strike. He further submits that he has
brought eighteen post dated cheques in terms of the Mediation
Settlement to be handed over to the plaintiff. He handed over the said
cheques to the Ld. Counsel for the plaintiff in terms of the Mediation
Settlement dated 23.01.2025. Photocopy of the said cheques is placed
on record. He assures that the aforesaid cheques shall be encashed on
presentation. He further submits that in case, he pays the settlement
amount through RTGS or through any other mode except cash, the
plaintiff shall not misuse the cheques for that particular month.
Ld. Counsel for the plaintiff submits that in case, the
defendant pays the settlement amount through RTGS or through any
other mode except cash, he assures that the plaintiff shall not misuse the
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cheques for that particular month and the plaintiff shall destroy/cancel
the said cheque for that particular month and will sent the photocopy of
the same to the defendant.
Separate statements of the Ld. Counsel for the plaintiff and
the proprietor of the defendant are recorded in this regard.
It is stated that as per Mediation Settlement dated
23.01.2025, the matter would be withdrawn by the plaintiff after
payment of three installments by the defendant.
On request, put up this matter for further proceedings, on
24.07.2025.
(Anurag Sain)
District Judge (Commercial Court-01),
Patiala House Courts Complex,
New Delhi/03.04.2025
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