Sumita @ Sunita Kashyap vs. Uco Bank
Held
The National Lok Adalat held that the parties have voluntarily and amicably settled the matter with their free consent, will, and volition, without any undue influence or misrepresentation. The petitioner has deposited the entire compensation amount of Rs. 70,000/- as full and final settlement, and nothing is due to the respondent. The deposited amount is to be released to the respondent. The Lok Adalat found that the compounding of the offence shall have the effect of acquittal, and therefore, the petitioner-accused stands acquitted. As the parties opted for a cost-effective and speedy disposal, no costs were imposed. The operative direction is the acquittal of the petitioner and the release of the deposited amount to the respondent.
Facts
This matter was referred to the National Lok Adalat for determination. The petitioner, Sumita alias Sunita Kashyap, and the respondent, UCO Bank, voluntarily and amicably settled the dispute. The petitioner deposited the entire compensation amount of Rs. 70,000/- as full and final settlement, with nothing further due to the respondent. This amount was deposited with the High Court Registry and agreed to be released to the respondent. The parties accepted the terms of the settlement.
Key Issues
1. Whether the matter has been amicably settled between the parties as per their free consent, will, and volition, without undue influence or misrepresentation? Petitioner's contention: The petitioner argued that the matter has been voluntarily and amicably settled, with the entire compensation amount of Rs. 70,000/- deposited as full and final settlement. The petitioner is in person and represented by counsel. Respondent's contention: The respondent, UCO Bank, represented by its counsel, has also agreed to the settlement terms. The judgment does not record any specific arguments from the respondent beyond their agreement to the settlement.
AI-generated summary — verify with the full judgment below
BEFORE THE NATIONAL LOK ADALAT Present: Mr. Ajay Kumar Sharma, Advocate for the petitioner alongwith petitioner in person.
Mr. Sanjay Dalmia, Advocate for the respondent.
The matter has been referred for determination to the National Lok Adalat. Both the parties have voluntarily and amicably settled the matter with their free consent, will, volition and without any undue influence or misrepresentation.
As per settlement arrived between the parties, the petitioner has deposited the entire amount of compensation i.e. Rs.70,000/- (Seventy Thousand Only) as full and final settlement and nothing is due to be paid to the respondent. The amount has been deposited before the Registry of the Hon’ble High Court and the said amount is agreed to be released in favour of the respondent.
Accordingly, the matter stands finally settled. The parties shall be bound by the terms and conditions of the agreement as agreed.
The terms and conditions of the settlement as above have been explained to the parties/counsel, which they have accepted as c
The judgment continues below.
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Reproduced from the public record of the Himachal Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.