No. 6/03.07.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Alokendu Bandhopadhyay, the Ld. Advocate and Respondent through Mr. Sankar Prasad Dalapati, the Ld. Advocate are present.  Mr. Bandhopadhyay, the Ld. Advocate for the Appellant and Mr. Dalpati, the Ld. Advocate for the Respondent inform this Commission that parties have entered into a settlement and this proceeding can be finally decided on terms of settlement as agreed upon between the parties.  Mr. Sundar Banerjee, the son of the Appellant and Mr. Chnmoy Ghosh, Kingshuk Bhattacharjee and Subrata Kr. Das being Respondent Nos. 2, 3 & 4 and partners of the Respondent No. 1 are also present.  In view of the said settlement the Respondent has handed over an Account Payee Cheque beng No. 039169 amounting to Rs. 3,90,000/- drawn on Syndicate Bank, Garia Branch dated 03.07.2009 drawn in favour of the sole Appellant Ms. Minati Banerjee on payment of the above amount.  On encashment of the said cheque this appeal will stand disposed of finally and the impugned order will stand affirmed.  It is further recorded as stated by Ld. Advocate for both parties on instruction from the parties present as aforesaid that in respect of the disputed flat the Respondent is making endeavour to free it from the subsequent proposed purchaser, who has advanced money in respect of the said flat and to sale the same to the present Appellant.  We make it clear that this order will not prevent the party from entering into a sale agreement, if finalised, between the parties.  Appeal thus stands disposed of finally.