@JUDGMENTTAG-ORDER
Vipin Sanghi, J.@mdash1. Though the jurisdictional value of the present suit is less than Rupees One Crore, the submission of learned counsel for the plaintiff is that since the defendant has failed to enter appearance in the present suit preferred under Order XXXVII CPC, the suit is liable to be decreed today itself.
2. I also find that a settlement agreement has been reached between the parties on 05.11.2015 in mediation, which has been signed by the parties and by the learned counsel for the plaintiff and the learned Mediator. Under the said settlement, the plaintiff had agreed to accept the principal amount in full & final settlement of the plaintiff''s claim and give up the claim for interest, provided the amount was paid as noticed in the said settlement. The payment was due on 06.11.2015 and 10.11.2015 in two instalments. However, the amount has not been paid. Thus, the plaintiff claims the entire suit amount.
3. Apart from the fact that the defendant has failed to file the memo of appearance within ten days, thereby entitling the plaintiff to a decree, there is also an admission of the liability found in the settlement agreement.
4. Accordingly, while invoking powers of this Court under Section 24 CPC read with Article 227 of the Constitution of India, I proceed to dispose of the present suit. The suit is decreed for a sum of Rs. 24,42,640/- along with interest @ 12% per annum from the date of filing of the suit till realisation on the principal amount of Rs. 24,73,600/-. The plaintiff shall also be entitled to costs.
