Sanjay Anand v. Sunil Kumar Kapoor

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 17/2016 SANJAY ANAND ..... Plaintiff Through: Mr Nikhil Malhotra, Advocate.

versus SUNIL KUMAR KAPOOR ..... Defendant Through: Mr. Pankaj Mehta, Advocate with Mr. Vineet Kumar, Mr. Parmod Kalirana and Ms. Shweta Soni, Adbvocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 27.04.2018 I.As. 5761/2018 & 5763/2018 in CS(OS) 17/2016 Present joint applications have been filed under Order 23 Rule 3 read with Section 151 CPC. The same are duly signed by learned counsel for the plaintiff and defendant as well as by the parties to the litigation. Present applications are also supported by affidavits of the plaintiff and the defendant.

Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Agreement dated 24th April, 2018 arrived at by the parties before the Delhi High Court Mediation and Conciliation Centre.

Today in Court, learned counsel for defendant has handed over the following four Bankers‟ cheques totalling to Rs.40 lacs in accordance with the mediated settlement:- Sl. No.

Bankers Cheque number and Date Bank & Branch Amount 418002 dated 25.04.2018 State Bank of India, Janakpuri, New Delhi.

Rs.10,00,000/- 418003 dated 25.04.2018 State Bank of India, Janakpuri, New Delhi.

Rs.10,00,000/- 418004 dated 25.04.2018 State Bank of India, Janakpuri, New Delhi.

Rs.10,00,000/- 418014 dated 25.04.2018 State Bank of India, Janakpuri, New Delhi.

Rs.10,00,000/- Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid Settlement Agreement.

The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same. This Court has also perused the compromise application as well as Settlement Agreement and is of the opinion that they are lawful. Consequently, the present suit and counter-claim are disposed of in accordance with the Settlement Agreement dated 24th April, 2018, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.

Registry is also directed to issue to an authorised representative of the plaintiff and defendant certificates authorizing them to receive back from the Collector full amount of the Court fee paid by them in the present suit and the counter-claim.

Registry is also directed to hand over the original documents to the parties after furnishing the certified copies thereof. With the aforesaid observations, present applications are allowed and the suit as well as counter-claim and all pending applications stand disposed of. The interim order dated 08th January, 2016 stands vacated. The next date of hearing i.e. 24th July, 2018 stands cancelled. MANMOHAN, J APRIL 27, 2018 js