Sumita Kashyap vs. Uco Bank

CR.R/35/2014HC Himachal PradeshGSTCNR HPHC01003259201412 September 20262 pages
AI SummaryWithdrawn

Held

The National Lok Adalat held that both parties, the petitioner Sumita Kashyap and the respondent UCO Bank, 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. 60,000/- as full and final settlement, and nothing further is due to the respondent. The Court noted that the settlement terms have been explained to and accepted by both parties. Consequently, the compounding of the offence will have the effect of acquittal. The petitioner-accused is hereby acquitted. No costs are imposed due to the cost-effective and speedy disposal of the matter.

Facts

This matter was referred to the National Lok Adalat for determination. The petitioner, Sumita Kashyap, and the respondent, UCO Bank, voluntarily and amicably settled the dispute. As per the settlement, the petitioner deposited a total compensation amount of Rs. 60,000/- with the learned Trial Court, which has been accepted as full and final settlement. This amount is to be released in favour of the respondent. The parties have accepted the terms and conditions of the settlement. The compounding of the offence is to have the effect of acquittal.

Key Issues

1. Whether the parties have amicably settled the dispute voluntarily and with free consent, without undue influence or misrepresentation, leading to the compounding of the offence? Petitioner's Contention: The petitioner argued that a settlement has been reached with the respondent, involving the deposit of Rs. 60,000/- as full and final compensation. This settlement was arrived at voluntarily and amicably. Respondent's Contention: The respondent, UCO Bank, agreed to the settlement terms proposed by the petitioner, acknowledging the deposit of Rs. 60,000/- as full and final satisfaction of the claim.

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.60,000/- (Sixty Thousand Only) as full and final settlement and nothing is due to be paid to the respondent. The amount has been deposited in the learned Trial 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 correct and appended their signature

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.