Date: 2nd March, 2026.
Appearance :
Mr. Varun Kothari, Adv.
Mr. Nikunj Berlia, Adv.
Ms. Urvashi Jain, Adv.
For plaintiff
Ms. Shomrita Das, Adv.
Mr. Shomrik Das, Adv.
For defendant
The Court : By an order dated 14th August, 2024 the defendant was
restrained from operating any of his bank accounts without keeping aside an
amount of Rs.78,00,000/- from his account till 26 th September, 2024. The said
interim order has been extended from time to time and is still in subsistence.
The parties have entered into a terms of settlement which is signed by the
plaintiff and the defendant and their respective advocates. The terms of
settlement which has been stamped and punched on 2 nd March, 2026 is taken
on record. However, to enable the settlement to fructify as recorded in the said
terms of settlement dated 28th February, 2026 a cheque of Rs.29,00,000/- to
be issued to the plaintiff by the defendant has to be encashed. A cheque
bearing No. 000128 dated 6th March, 2026 for Rs. 29,00,000/- drawn on HDFC
Bank, 6, Little Russel Street Branch, Kolkata 700 071 is placed before the
Court by the learned advocate for the defendant. The said cheque is made over
to the learned advocate for the plaintiff after retaining a photocopy thereof. The
order dated 14th August, 2024 which has been extended from time to time
restraining the defendant from operating the bank account without leaving a
balance of Rs.78,00,000/- is modified to the extent that the said cheque of
Rs.29,00,000/- dated 6th March, 2026 can be encashed and the money
received therefrom can be appropriated by the defendant as a settlement terms
recorded in the terms of settlement.