M/S DELHI PLYWOODS & ORS. vs M/S TRAK ENTERPRISES

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 16th May, 2025 + CM(M) 313/2025 & CM APPL. 23202/2025 M/S DELHI PLYWOODS & ORS. .....Petitioner Through: Mr. Dinesh Morya with Mr. Mohit Kumar, Advocates along with petitioner in person. versus M/S TRAK ENTERPRISES .....Respondent Through: Mr. Prateek Jain, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. When the matter was taken up on 22.04.2025, with the assistance of learned counsel for parties, the broad terms of the settlement were arrived at. Such settlements terms were recorded as under:- (i) Petitioners/defendants agree and undertake to pay the alleged principal amount of Rs. 7,99,000/- along with interest @ 5 percent per annum within a period of 15 months. (ii) Aforesaid amount would be paid in equal monthly instalments (EMIs) by tendering post-dated cheques before this Court. (iii) Petitioners/defendants would also submit affidavit (s) clearly undertaking therein that all such cheques would be duly honoured on its presentation with the rider that if any such cheque gets dishonoured for any reason whatsoever, than not only the suit in question would result in decree with respect to the entire amount as sought in the suit, the contempt action shall also be initiated against them. 2. Learned counsel for petitioners submits that affidavit, in compliance of the abovesaid directions, has already been filed but it is pointed out that the same is lying under scrutiny/objection. 3. Petitioners are, however, directed to file fresh affidavit in aforesaid terms before the learned Trial Court on the date fixed i.e. 20.05.2025. Signature Not Verified Digitally Signed CM(M) 313/2025 1 By:SONIA THAPLIYAL Signing Date:17.05.2025 16:54:45 4. In terms thereof, Mr. Arun Seth, partner of p