- (1.)Record reveals that, on earlier occasions, the Applicant had made solemn statements before this Court that, he wanted to settle the matter with first informant amicably. However, he utterly failed to do so and therefore his request made through the learned counsel today that, some further time may be granted to him for settling the matter, has been outrightly rejected by this Court.
(2.)There is another facet to the present case. On 4th September, 2021, the Applicant through his counsel had made a statement before this Court that, the Applicant is intending to settle the matter with the Respondent and the talks of settlements are in progress. On 30th October, 2021, the Applicant through his counsel further made a statement that, the Applicant is sincerely intending to settle the matter with the first informant by making a lump-sum payment to him by absolving his entire liability. Learned counsel on instructions from the Applicant had also made a statement that, the Applicant will make the said payment within stipulated period as may be mentioned in an Affidavit, which was directed to be filed before this Court.
(3.)The Applicant has filed an Affidavit dated 1st November, 2021 in this Court without disclosing material and necessary facts as have been recorded in Order dated 30th October, 2021 and according to me the said Affidavit is just an eye-wash to overcome with the statements made by the Applicant and recorded in Order dated 30th October, 2021. The practice adopted by the Applicant is deprecated.