JUDGEMENT
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(1.) AS prayed for, liberty is granted to the parties to re-affirm the affidavits in connection with the application for recording compromise. The parties as also their learned advocates have signed the application for recording compromise. We have considered the terms of compromise. We find terms are lawful.
(2.) MR. Arnab Saha, learned advocate appearing for the appellants, produces two demand drafts bearing nos.631254 dated July 12, 2012 for Rs.5,00,000/- (Rupees five lakh) only and 631834 dated August 27, 2012 for Rs.10,00,000/- (Rupees ten lakh) only, both drawn on State Bank of India, clearing CPC Kolkata Branch, in favour of Bishnu Pada Maity/respondent. The demand drafts are handed over to MR. Anil Kumar Jana, learned advocate appearing for the respondent, who accepts the demand drafts on behalf of the respondent. MR. Jana is directed to obtain receipts from the respondent and hand over the receipts to MR. Saha to enable him to give the receipts to the appellants.
Mr. Anil Kumar Jana, learned advocate for the respondent, hands over the five several original sale deeds mentioned in paragraph 13 (d) of the application for recording compromise to Mr. Saha, learned advocate for the appellants. Mr. Saha accepts those deeds on behalf of the appellants. Mr. Saha is directed to obtain the receipts from the appellants and hand over the receipts to Mr. Jana, learned advocate for the respondent. Liberty is granted to the respondent to withdraw Rs.20,00,000/- (Rupees twenty lakh) only with accrued interest thereon from the office of the learned Registrar General of this Court.
The amount was deposited by the appellants, in terms of the order dated February 7, 2011, with the learned Registrar General of this Court. Liberty is, also, granted to the respondent to withdraw Rs.8,428.37 paise (Rupees eight thousand four hundred twenty eight and thirty seven paise) only along with accrued interest thereon from the office of the learned Civil Judge (Senior Division) at Tamluk, District : Purba Medinipur.
If the applications are made for withdrawal of such amounts, the learned Registrar General of this Court and the learned Civil Judge (Senior Division) at Tamluk, District : Purba Medinipur, shall arrange for immediate release of the funds in favour of the respondent. The appeal is, thus, disposed of in terms of the said compromise arrived at between the parties. Let the compromise petition do form a part of the decree. We make no order as to costs.;
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