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Allahabad High Court · body

2010 DIGILAW 3744 (ALL)

Jai Shree Health and Lifestyle (P) Limited, Meerut and Another v. Rameshwar Lal and Others

2010-12-15

JAYASHREE TIWARI, SUNIL AMBWANI

body2010
By The Court—Heard learned counsel for the parties.2. The first appeal from order arises out of order passed by the Civil Judge (SD), Meerut in Original Suit No.1059 of 2010, M/s Jai Shree Health and Lifestyle (P) Ltd. v. Rameshwar Lal & Ors. By order dated 18.9.2010 the Civil Judge (SD) has rejected the injunction application.3. The respondents had appeared on the first date of hearing. The Court found that the matter can be resolved by mutual negotiations with the help of expert mediators, and referred it to the ‘Allahabad High court Mediation & Conciliation Centre’ for a possible agreement.4. Shri R.K. Awasthi on behalf of the appellants and Shri M.K. Gupta representing all the respondents are present. Both the parties admit that all the issues between them by mutual negotiations with the help of mediators have been resolved and that no further dispute is pending between them.5. The parties have entered into settlement at the Mediation Centre as follows:-“a. That both the parties have agreed that the cheque given by Sri Vishal Maheshwari on behalf of the firm M/s Jai Shree Health and Life Style for amount of Rs.2,47,560/- will be returned by Sir Rameshwar Lal to Sri Vishal Maheshwari. The cheque has been received by Sri Vishal Maheshwari.b. That both parties have agreed to cancel the leased deed dated 3.6.2009 and revoke it and have cancelled it by a deed dated 20.11.2010 and that no further dispute remains between the parties in respect of the relationship of tenant and landlord.c. That both parties have agreed and state that no amount whatever is due on either of the parties on each other.d. That both parties have agreed that they will not press their civil or criminal cases arising out of the landlord tenancy dispute. All cases shall be withdrawn by the parties. The parties have also agreed to withdraw the FAFO No.2929 of 2010 filed before this Hon’ble Court and the final order may be passed by the Hon’ble High Court in terms of this agreement.Cases-(1) Civil Suit No.1059 of 2010, pending before the court of civil Judge (SD), Meerut.(2) Criminal case No.536 of 2010 u/s 323, 504, 506 IPC pending before ACJM (V), Meerut.e. That no further dispute remain pending between the parties.”6. The agreement was signed and verified at the Mediation Centre.7. The parties agree that the payments in terms of compromise have been made. The agreement was signed and verified at the Mediation Centre.7. The parties agree that the payments in terms of compromise have been made. No further steps is required to be taken by them in the matter.8. The terms of settlement are made part of order. The appeal is decided in terms of the compromise.9. The settlement will become part of decree. The civil suit pending in the Court of Civil Judge (SD), Meerut stands disposed of accordingly. The parties will approach the Court of ACJM-V, Meerut for compounding offence in Criminal Case No.536 of 2010, within a month. The necessary orders will be passed within a week of presentation of the application by the parties along with certified copy of this order and the copy of the proceedigns before the ‘Allahabad High Court Mediation & Conciliation Centre’.10. The first appeal from order stands disposed of._____________