- (1.) A. K. Yog, J. With reference to the Court's order dated 24-10-2000 a Sup plementary Affidavit has been filed, after serving a copy on the counsel representing the landlord, indicating that M/s. Indian Oil Corporation Limited, (petitioner) have accepted the proposal made by the landlord as per letter of Umesh Chandra Balutia dated 27-9-2000 and 11-9-2000. It is further stated that the proposal of the landlord has been duly approved by the competent authority of the Corporation and in pursuance to the same, the Cor poration has already sent letter to Umesh Chandrak Balutia on 2-11-2000. A copy of the letter is annexed as Annexure S. A, 1 to the said affidavit.
(2.) IN paragraph 6 of the affidavit it is stated that out of six Bank Drafts (for a sum of Rs. 37,84,250-08) four Bank Drafts Nos. 219790, 219791, 219792 and 219793 of the value of Rs. 26,66,324,000 may be handed over to the landlord Umesh Chandra Balutia. IN paragraph 7 of the af fidavit it is mentioned that there is in excess of Rs. 56557- in accordance with the terms settled between the parties and noted in letter dated 2-11-2000, hence the said amount may be directed to be refunded to the Corporation by the landlord. Heard learned counsel for the par ties. Srirajesh Tandon,appearing for the landlord (Umesh Chabdra Balutia) stated that he is instructed from the client that petitioner does not dispute the aver ments contained in the said Supplemen tary Affidavit.
(3.) IN view of the above, I direct that Bank drafts if not marked "account Payee" shall be marked "account Payee" by the Registrar General and he shall hand over Bank Drafts Nos. 219790,219791,219792, and 219793, noted at serial No. 3,4,5 and 6 in paragraph 5 of Supplementary Affidavit the counsel for the petitioner SriRajesh Tandon,Senior Advocate. The remaining two Bank Drafts No. 219788 and 219789 for the value of Rs. 5,12,282 and Rs. 6. 05, 644- respectively (total Rs. 11,17, 926,-) mentioned at serial No. 1 and 2 in para graph 5 of the Supplementary affidavit, shall be returned to the petitioner (M/s. INdian Oil Corporation) in the light of the orders passed today. It is further clarified that after this settlement between the parties as referred to above all the litigation and proceedings pending between the parties with respect of the same premises including the rent etc. , as on date shall be deemed to have been withdrawn by the respective parties and be disposed of accordingly by the con cerned court Forum or authority.;