ORDER : Sonia Gokani, J. 1. This is an appeal preferred by the appellant on 24.11.2021, when is taken up for final hearing, the parties have disclosed of their having arrived at compromise. This Court, therefore, on 13.09.2022 passed the following order : “1. This first appeal is preferred against the judgment and decree dated 30.10.2018 passed by the learned 13th Additional Senior Civil Judge, Vadodara in Special Civil Suit No.986 of 2000, where the Court decreed the amount of Rs.17,37,705/- payable by the appellant to the respondent together with interest calculable at the rate of 24% p.a from the date of institution of the suit. 2. The appeal had been admitted on 29.06.2022. 3. Separate application was moved by the original respondent in first appeal. This Court passed the following order on 29.06.2022: “1. The applicant is the original respondent in the First Appeal preferred by the opponent challenging the judgment and decree dated 30.10.2018 passed by the 13th Additional Senior Civil Judge, Vadodara in Special Civil Suit No.986/2000 whereby the Court has decreed an amount of Rs.17,37,705/- payable by the appellant to the respondent with interest. 2. On admission, on 19.10.2019, the Court had noted that the principal amount of Rs. 17.37 lakhs (rounded off) had not been challenged and challenge essentially remained qua the interest. The amount of Rs. 17,37,705/- has been deposited by the appellant as per the direction of the Court. An application for withdrawal therefore has been moved by the applicant. The applicant intimated the learned advocate about the closure of the private limited company and the management having been given to the proprietary firm in the name and style of Vemag Engineers. 3. It is the say of the applicant that after the decree came to be passed on 30.10.2018, the private limited company has been struck off w.e.f. 21.02.2019. The proprietary firm is administered by the Proprietor Mr.Shailesh Patel. All family members of Mr.Patel are the directors in the private limited company and hence, the present application with the following prayers:- “(a) Your Lordships may be pleased to admit and allow the present application of the applicant. (b) Your Lordship may be pleased to permit the applicant to withdraw a sum of Rs. All family members of Mr.Patel are the directors in the private limited company and hence, the present application with the following prayers:- “(a) Your Lordships may be pleased to admit and allow the present application of the applicant. (b) Your Lordship may be pleased to permit the applicant to withdraw a sum of Rs. 17,37,705/- along with interest deposited by the opponent in the Hon’ble Court pursuance to order dated 19.10.2019 of this Hon’ble Court in the name of Vemang Engineers; and/or; (c) The Hon’ble Court may direct the Registry to issue cheque of Principal amount along with interest in the name of “Vemang Engineers” instead of “Vemang Engineers Pvt. Ltd. as directed vide order dated 3.3.2020; (d) Any other and further order as may be deemed fit and expedient by this Hon’ble Court may be passed.” 4. We have heard learned advocate Mr. Mihir Pathak appearing for the applicant and learned advocate appearing for Gandhi Law Associates. 5. We noticed the additional affidavit of the applicant Mr. Shailesh Patel – Director of Vemag Engineers Private Limited and Proprietor of Vemag Engineers which has reiterated the details provided in the application. According to him, company’s directors being Mr. Shailesh Vasantbhai Patel, Mrs. Nitaben Shaileshbhai Patel and Mrs. Veenaben Vasantbhai Patel assembled as valid quorum on 14.06.2018 and passed a resolution to receive the money in relation to the legal disputes with Ms. N.K. Industries Limited. Again, pursuant to the closure application of the company filed before the Registrar of Companies, the company’s name strike off on 21.02.2019. The appellant has preferred appeal in April, 2019 and circulated on 19.10.2019. 5.1. It is therefore his say that the company shall be deemed to be alive for the purpose of realizing the amount due to the company. The company therefore would be entitled to recover the amount lying with the Registry even though it was strike off on 21.02.2019. 6. We have taken note of the notice issued in relation to the Extraordinary General Meeting of the Company on 14.06.2018, an explanatory statement pursuant to Section 102 of the Companies Act, 2013 dated 20.05.2018 and a certified copy of the resolution passed in Extraordinary General Meeting dated 14.06.2020. 7. Some of the discrepancies have been pointed out by learned advocate for the appellant. 7. Some of the discrepancies have been pointed out by learned advocate for the appellant. According to us, the certificate produced of the documents coupled with the documents from the ROC and other authorities should be brought before this Court for it to satisfy itself with regard to the entitlement of the present applicant as the decree holder. We could notice that in para 6 and 7 of the additional affidavit filed by Mr. Shailesh Patel, Director of Vemag Engineers Private Limited also were the testimonials of the fact that these documents officially would be available, they shall form part of the record. 8. Let that be produced in four weeks’ time. Matter to appear on 28.07.2022.” 4. We notice that the consent terms are arrived at by and between the parties. Both the sides are being represented by the learned advocates. 5. Today, Mr.Hashmukhbhai Patel the director of N.K.Industries is present before this Court, who agrees to have entered into this compromise. He has no objection to the Court directing in terms of the compromise for the amount to be disbursed so also the amount lying with this Court also to be disbursed. 6. It would be apt to reproduce the consent terms. “1. The Respondent [“Original Plaintiff”] had filed Special Civil Suit No.986 of 2000 [“Suit”] for recovery of INR 17,37,705/- along with interest amounting to INR 29,44,095/- against the Appellant [‘Original Defendant”]. The Hon’ble 13th Additional Senior Civil Judge, at Vadodara passed a Decree dated 30.10.2018 [“Decree”] for an amount of INR 17,37,705/- along with the interest @24% from the date of institution of suit till realization of the amount from the Appellant Company. 2. The Appellant filed the First Appeal No.2691 of 2019 [“First Appeal”] against the Decree dated 30.10.2018 along with the stay application before this Hon’ble Court. This Hon’ble Court vide order dated 19.10.2019 stayed the impugned order on condition that the principle amount of INR 17,37,705/- [“Principal Amount”] shall be deposited before this Hon’ble Court. The Appellant through its Advocate submitted a Demand Draft dated 14.11.2019 bearing No.232406 of an amount of INR 17,37,705/- vide a letter dated 18.12.2019 before the Registry of this Hon’ble Court. 3. The Appellant as well as the Respondent have been discussing to amicably settle the dispute between them and so the present Consent Terms is being executed between both the parties. 4. 3. The Appellant as well as the Respondent have been discussing to amicably settle the dispute between them and so the present Consent Terms is being executed between both the parties. 4. The Appellant and Respondent agree that the Appellant shall pay an amount of INR 37,00,000/- over and above the Principal Amount in satisfaction of the Decree. The Appellant and Respondent agreed that the amount to be paid to Vemang Engineers instead of Vemang Engineers Private Limited. The Respondent agrees that the present payment will fully satisfy the decree dated 30.10.2018 passed in Spl Civil Suit No.986/2000. For technical reasons the amount is paid to Vemang Engineers in place of Vemang Engineers Private Limited for which either Vemang Engineers and/ or Vemag Engineers Private Limited will not have any right in future against the Appellant. 5. The Appellant and Respondent herein agreed that the decree dated 30.10.2018 stands satisfied and modified in terms of this consent terms. 6. The Appellant and Respondent agree that the Appeal be allowed to the extent that the Decree stands modified to INR 17,37,705/- plus Interest amount INR 37,00,000/-, which are agreed to be paid by Appellant to Respondent. The Appellant has, today, handed over a Demand Draft of INR 37,00,000/- in the name of Vemang Engineers. 7. The Appellant will agree and give consent in Interim application no.1 of 2021 in FA No.2691 of 2019 for direction to issue a cheque of INR 17,37,705/- along with accrued interest in favour of Vemang Engineers, so as to resolve the issue fully. 8. That there is no force or coercion on either of the parties executing the present consent terms. 9. The Parties hereby agree and declare that subject to aforesaid, they have no other claim or dispute of any nature whatsoever against each other. 10. That the present Consent Terms has been duly signed by both the parties by way of their own free will and consent. 11. Under the circumstances it is humbly prayed that this Hon’ble Court be pleased to take the consent term on record and may pleased to modify the impugned decree in terms of present consent terms under Order 23 Rule 3 of the Code of Civil Procedure, 1908.” 7. This Court has heard the learned advocates on both the sides and also had kept the parties present, who have agreed to have entered into these consent terms. This Court has heard the learned advocates on both the sides and also had kept the parties present, who have agreed to have entered into these consent terms. These have been decided without any coercion or outer force, out of their own volition and they have particularly endorsed to the same. They both have also signed these consent terms in presence of their learned advocates. 8. We notice that change in the name of Vemag Engineers Private Limited to the Vemag Engineers has also been disclosed by on an affidavit. By accepting the consent terms, two aspects are needed to be done:(i) the change in the cause title shall be carried out and (ii) the affidavit of both mother and the wife shall also be filed. Let the same be done on or before 20.09.2022. 9. For this limited purpose, the matter is adjourned to 20.09.2022. There shall be no requirement of the parties to remain present. 10. Once both the aspects are completed, the decree in that term can be passed.” 2. The draft amendment sought to be moved by the appellant-Vemang Engineers Pvt. Ltd has been permitted in wake of the separate order of selfsame date. When both other directors have also filed affidavits and having no objection to the making of the payment. 3. As the parties have remained present before us and we have noted that the act of arriving at a compromise is voluntary without any compulsion or coercion, let the effect be given to the consent terms. A cheque of Rs.17,37,705/- along with the accrued interest shall be given in favour of Vemang Engineers which will settle the dispute fully and finally between the parties. 4. Present appeal is allowed. The judgment and decree dated 30.10.2018 passed by the learned 13th Additional Senior Civil Judge, Vadodara in Special Civil Suit No.986 of 2000 is modified accordingly.