The High Court
Case Details
National Lok Adalat National Lok Adalat RSA-1259-2023 (O&M) 2023 (O&M) 2023 (O&M) and RSA-1260-2023 (O&M) 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (543) M/s M & S Restaurant Private Ltd. and Ors. M/s M & S Restaurant Private Ltd. and Ors. M/s M & S Restaurant Private Ltd. and Ors. RSA-1259-2023 (O&M) 13.09.2025 Date of Decision:- 13.09.2025 ……Appellants ……Appellants M/s Desarch Enterprises and Ors. M/s Desarch Enterprises and Ors. Versus ……Respondents ……Respondents RSA-1260-2023 (O&M) M/s M & S Restaurant Private Ltd. and Anr. M/s M & S Restaurant Private Ltd. and Anr. M/s M & S Restaurant Private Ltd. and Anr. M/s Desarch Enterprises and Ors. M/s Desarch Enterprises and Ors. Versus ……Appellants ……Appellants ……Respondents ……Respondents CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: , Advocate for the appellants. Mr. A.D. S. Jattana, Advocate for the appellants. along with Mr.Manmohan Singh Chaddha, (through VC) along with Mr.Manmohan Singh Chaddha, Whatsapp). Director (through VC-Whatsapp) Mr. Mukand Gupta, Advocate For applicant-respondents No.1 and 2 respondents No.1 and 2 along with Ms. Sona Mantri, Managing Director (through VC) Ms. Sona Mantri, Managing Director (through VC) 2023 and respondents No.1 to 5 in RSA-1259-2023 and respondents No.1 to 5 in RSA-1260-2023. **** 1. The present two regular second appeals arise out of a The present two regular second appeals arise out of a The present two regular second appeals arise out of a commercial dispute between the parties. commercial dispute between the parties. MANJU 2025.09.29 13:02 I agree to specified portions of this document National Lok Adalat National Lok Adalat RSA-1259-2023 (O&M) 2023 (O&M) 2023 (O&M) and RSA-1260-2023 (O&M) 2 2 2. The judgment debtor as at present the decree holder have The judgment debtor as at present the decree holder have The judgment debtor as at present the decree holder have through VC and with the interaction of the Court joined the proceedings through VC and with the interaction of the Court through VC and with the interaction of the Court joined the proceedings have agreed that the matter be resolved and the decree holder is ready to have agreed that the matter be resolved and the decree holder is ready to have agreed that the matter be resolved and the decree holder is ready to have agreed that the matter be resolved and the decree holder is ready to (Rupees Twenty Lakhs only) in lump sum pay an amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) in lump sum (Rupees Twenty Lakhs only) in lump sum pay an amount of Rs.20,00,000/ ngly, the present towards full and final settlement of all the claims. Accordingly, the present towards full and final settlement of all the claims towards full and final settlement of all the claims regular second appears are decided in light of the settlement arrived at regular second appears are decided in light of the settlement arrived at regular second appears are decided in light of the settlement arrived at regular second appears are decided in light of the settlement arrived at between the parties. between the parties. 3. learned counsel for the Without going into the merits, the learned counsel for the Without going into the merits, the M/s M & S Restaurant Private Ltd. and Ors on instructions of appellants- M/s M & S Restaurant Private Ltd. and Ors on instructions of M/s M & S Restaurant Private Ltd. and Ors on instructions of M/s M & S Restaurant Private Ltd. and Ors on instructions of Manmohan Singh Chaddha, Director has submitted that the appellants Mr. Manmohan Singh Chaddha, Director has submitted that the appellants Manmohan Singh Chaddha, Director has submitted that the appellants Manmohan Singh Chaddha, Director has submitted that the appellants are ready to remit a sum of Rs.20 o remit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to (Rupees Twenty Lakhs only) to and the counsel for the decree holder has the respondent through RTGS and the counsel for the decree holder has and the counsel for the decree holder has the respondent shared the Bank details which are as under: shared the Bank details which are as under: Sona Madhavprasad Mantri No.04111780000049 HDFC Bank, A/c No.04111780000049 IFSC Code HDFC 000411 4. he said amount be remitted within 15 It has been agreed that the said amount be remitted within 15 he said amount be remitted within 15 days from today from today, however, it would be appreciated if the same done appreciated if the same be done within 10 days 10 days. 5. It is made clear that this would be full and final settlement and would be full and final settlement and none of the parties will raise any claim or counter none of the parties will claim or counter-claim qua the same. 6. The execution petition filed by the decree holder shall be kept The execution petition filed by the decree holder shall be kept The execution petition filed by the decree holder shall be kept in abeyance for 15 days and the moment settlement in abeyance for 15 days and the moment amount as agreed upon settlement amount as agreed upon MANJU 2025.09.29 13:02 I agree to specified portions of this document National Lok Adalat National Lok Adalat RSA-1259-2023 (O&M) 2023 (O&M) 2023 (O&M) and RSA-1260-2023 (O&M) 3 3 debtor, the execution petition shall be disposed is remitted by the judgment-debtor, the execution petition shall be disposed debtor, the execution petition shall be disposed is remitted by the judgment as fully satisfied. of as fully satisfied 7. Mr. Mukand Gupta, Advocate submits that Gupta, Advocate also at this stage, submits that as and when the settlement amount would be received the execution sha as and when the ll amount would be received the execution shall be withdrawn as fully satisfied. be withdrawn as fully satisfied. 8. It is made clear that the proof of remittance of the amount It is made clear that the proof of remittance of the amount It is made clear that the proof of remittance of the amount would be sufficient xecuting Court to put the proceedings at rest sufficient for the Executing Court to put the proceedings at rest xecuting Court to put the proceedings at rest presence will not be pressed upon. and the decree holders’ presence will not be pressed upon. and the decree 9. settlement arrived at, In case, the parties do not abide by this settlement arrived at, In case, the parties do not abide by the parties will be at liberty to move an appropriate application for revival the parties will be at liberty to move an appropriate application for revival the parties will be at liberty to move an appropriate application for revival the parties will be at liberty to move an appropriate application for revival of the appeals and the interim protection granted to the judgment of the appeals debtor he interim protection granted to the judgment-debtor with regard to attachment of account shall be with regard to attachment of account sha ll be revisited. 10. Photocopy of Photocopy of Photocopy of this order be placed on this order be placed on this order be placed on the the the file of file of file of abovementioned connected case. abovementioned connected case. (ALOK JAIN) PRESIDENT (P.K. MUTNEJA) MEMBER September 13, 2025 September 13, 2025 manju MANJU 2025.09.29 13:02 I agree to specified portions of this document