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2016 DIGILAW 89 (DEL)

RAJPAL SINGH v. ORIENTAL BANK OF COMMERCE

2016-01-07

HIMA KOHLI

body2016
ORDER : 1. This order is in continuation of the orders dated 10.09.2015 and 19.11.2015 when it was recorded that the parties were exploring the possibility of a negotiated settlement. On 19.11.2015, though not recorded in the order sheet, a specific figure was suggested to the defendant/Bank for a settlement with the plaintiffs. Counsel for the defendant/Bank had stated on instructions from Mr. Ajay Kumar Jain, AGM of the Bank, who was present in Court, that they shall have to obtain appropriate sanction from the Premises Committee of the Bank and at his request, the case was adjourned. 2. The Court is informed that in the meeting held on 23.11.2015, the Premises Committee of the defendant/Bank had accorded its approval for offering rent @ Rs. 63.70 sq. ft. to the plaintiffs (all inclusive) as a one time settlement for the period between March, 2009 to February, 2011. A copy of the minutes of the meeting dated 23.11.2015, is handed over by the counsel for the defendant and taken on record. Counsel for the defendant clarifies that the defendant/Bank has already paid use/occupation charges to the plaintiffs @ Rs. 43.70 paise for the period in question, thus leaving the rent payable @ Rs. 20/- per sq. ft. for the captioned period which totals to a sum of Rs. 47,02,713.60 paise. 3. Mr. Singla, learned Senior Advocate appearing for the plaintiffs accepts the offer made by the defendant/bank and states that in view of the fact that there are 19 plaintiffs, who are the legal heirs of Shri Balwant Singh and Shri Bahadur Singh and it will take a long time if the defendant/bank is called upon to issue cheques for the proportionate amount towards the arrears payable. He suggests that the plaintiffs shall authorise any one of them for the purpose of receiving the rent through a single cheque whereafter the amount received shall be distributed amongst them proportionately. 4. The letters of authorisation to be executed by all the plaintiffs in favour of one plaintiff shall be filed within three days with a copy to the counsel for the defendant/Bank, who shall then issue a single cheque towards the arrears of rent/occupation charges for the period between March, 2009 to February, 2011 in favour of the duly authorized plaintiff in discharge of its obligations. The payment shall be made within two weeks from the date of receipt of the letters of authorisation. 5. While issuing the cheque in question, the defendant/Bank shall not deduct any tax at source as the Court is informed by learned counsel for the plaintiffs that the amounts that shall be received from the defendant/bank when divided amongst all the plaintiffs in proportion to their respective shares, would be below the taxable limit. 6. The suit is disposed of in terms of the settlement recorded above, while leaving the parties to bear their own expenses. File be consigned to the record room.