Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5710 of 2018 Petitioner :- Mahendra Nath Pandey Respondent :- M/S Mahindra And Mahindra Financial Services Counsel for Petitioner :- Navneet Kumar Mishra,Arvind Kumar Rai,Rahul Chaudhary Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the judgment debtor-petitioner and Shri Rahul Chaudhary, learned counsel for M/s Mahendra & Mahendra Financial Services Ltd.
The petitioner is before this Court assailing the orders dated 5.7.2018 and 10.7.2018 passed by learned District Judge, Ghazipur in Execution Case No.20 of 2013 (M/s Mahendra & Mahendra Financial Services Ltd vs. Mahendra Nath Pandey).
Earlier the matter was taken up on 14.8.2018, and on the said date, the Court had asked learned counsel for the respondent to seek instructions in the matter.
On the matter being taken up today, Shri Rahul Chaudhary, appearing for the respondent company very fairly states that taking into account the unfortunate accident, in which the son and daughter-in-law of the petitioner had died; the vehicle in question is also not traceable, and at present, the petitioner is also ready and willing to clear the outstanding amount, the respondent company has considered the case of the petitioner sympathetically and decided to offer to the petitioner-judgement debtor to pay an amount of Rs.2,70,000/- only as One Time Settlement, out of court settlement within three months' from today.
Once the respondent company has already considered the case of the petitioner sympathetically and offered to the petitioner to pay Rs.2,70,000/- only against the total outstanding within three months, then in such situation this Court is of the opinion that the petitioner has to deposit the aforesaid amount with the respondent bank within three months from today.
Considering the above, this petition stands disposed of finally, with the direction to the petitioner to deposit Rs.2,70,000/- with the respondent company within three months from today. For a period of three months, no coercive action would be taken against the petitioner. In case the petitioner does not deposit the aforesaid amount within the time stipulated by this Court, the present order shall stand automatically vacated and the proceedings shall revive.
Order Date :- 23.8.2018 RKP