- (1.) Delay condoned.
(2.) During the course of hearing, the learned counsel appearing on behalf of the parties have agreed to resolve the dispute amicably. Accordingly, it has been agreed that in the peculiar facts and circumstances of the present case, the following order may be passed:- (i) The appellant shall pay to the respondent the entire principal amount which was deposited by the respondent with the appellant together with simple interest at the rate of 9 per cent per annum; (ii) Interest shall be computed with effect from the respective dates of deposit of moneys by the respondent; (iii) The liability of the appellant for payment of interest shall cease with effect from the respective dates on which payments were deposited before this Court in pursuance of the interim order(s) passed in these proceedings; (iv) The respondent would be at liberty to withdraw any amount that still continues to be deposited in the Registry of this Court as well as the amount deposited in the Suitor's Fund; (v) The appellant shall compute the outstandings due and payable in pursuance of the present order, after deducting the amounts which have already been received by the respondent together with the amount which is lying in deposit before this Court and in the Suitor's Fund; (vi) The appellant undertakes to pay the remaining amount in three equal monthly instalments on or before 15 February 2019, 15 March 2019 and 15 April 2019; (vii) Upon the last of the payments being effected as aforesaid, all criminal complaints instituted by the respondent or his attorney shall stand quashed and all the pending disputes between the parties to these proceedings shall stand concluded. (viii) The above consensual arrangement has been entered upon in terms of the instructions received by the learned counsel appearing on behalf of the appellant and the respondent. The appellant undertakes to abide by the above directions and to pay the amounts on the due dates as reflected in this order. The undertaking is accepted. (ix) The complaint before the NCDRC is disposed of in the above terms.
(3.) The appeal is accordingly, disposed of.;