9911796707
TMI Blog2018 (1) TMI 1699X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of the Compromise Deed/Settlement Agreement which provides the consequence for default of repayment, this court is of the view that the suit has to be decreed in accordance with the prayer clause and the default clause in the Compromise Deed/Settlement Agreement - the present suit is decreed against the defendants jointly and severally for a sum of Rs.4,38,00617/- along with interest @24% per annum from 01st February, 2016 (date of filing of suit) along with pendente lite and future interest till the date of actual payment of the full amount after deducting payment of Rs.25 lacs paid by the defendants to the plaintiff on 06th January, 2018. Since the defendants have not honoured their commitment despite Compromise Agreements bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 31st August, 2013 wherein the defendants undertook to pay Rs.3,22,02,660/- and a post-dated cheque for the said amount was handed over. 5. However, the aforesaid cheque of Rs.3,22,02,660/- was also dishonoured with the remarks funds insufficient . 6. Since the defendants did not pay any amount thereafter, the plaintiff filed the present summary suit for recovery of Rs.3,22,02,660/- along with admitted interest @24% per annum totalling to Rs.4,38,00,617/- under Order XXXVII CPC. 7. Though learned counsel for the defendants states that he has filed the leave to defend application, yet till date, no such application is on record. 8. In fact, before the learned Predecessor of this Court, another Compromise Deed dated 23rd Dece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lakhs Sixty One thousand Nine Hundred Seven Only) by way of following cheques as under:- 1. Cheque No.000130 for Rs.1,00,00,000/- (Rs. One Crore Only); dated 31st Dec. 2017. 2.Cheque No.000132 for Rs.1,38,61,907/- (Rs. One Crore thirty eight lacs sixty one thousand nine hundred seven Only); dated 31st Dec. 2017. 10.3 It is further agreed and undertaken by the all defendants that aforesaid cheques shall be honoured on their due dates on presentation; failing which it will be presumed and proved that defendants have not good intention to honour the cheques as was done in past. 10.4 It is further agreed by the defendants that they shall be liable jointly and severally for the entire amount of plaint as prayed for; in case aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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