Court No. - 53 Case :- APPLICATION U/S 482 No. - 10427 of 2008 Petitioner :- Ritesh Gupta Respondent :- State Of U.P. & Others Petitioner Counsel :- Ghanshyam Joshi Respondent Counsel :- Govt. Advocate,Neeraj Srivastava,Pankaj Srivastava Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant and learned counsel for the State.
This matter was sent for mediation to the Mediation Center and the settlement
agreement on the record reveals that, one of the conditions agreed upon by
either parties was that the applicant would pay rupees seventy one lacs to
respondent No. 2, Jai Karan Khatri. Installments were fixed by the Mediation
Center and the first and second installments of rupees twelve lacs each were
to be paid on 25.01.2009 and 25.02.2009 respectively and the third
installment of rupees eleven lacs was to be paid by 25.03.2010. Rest of the
amount of rupees thirty six lacs was to be paid in different installments in the
year 2011.
Learned counsel for the applicant states that he has paid rupees two lacs to the
respondent No. 2, Jai Karan Khatri.
However, learned counsel for the respondent says that the applicant is
avoiding to pay the amount as per the settlement agreement drawn before the
Mediation Center.
Learned counsel for the applicant submits that for some unavoidable
circumstances, the petitioner could not pay the installments fixed and may be
given some more time to pay the due amount.
After hearing the contentions of either parties, I direct the applicant, Ritesh
Gupta to pay rupees thirty three lacs to Jai Karan Khatri, which was to be paid
as far back as in the year 2009, within 30 days from today. If the applicant
fails to pay this amount of rupees thirty three lacs within 30 days, interim
order granted earlier shall automatically stand vacated.
Rest of the amount, the applicant shall pay on the due dates, as already
mentioned in the settlement agreement arrived at before the Mediation Center.
List this petition in the first week of September, 2010.
Order Date :- 28.7.2010
kan