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High Court of DelhiCS(OS)/11/2017

Mrs Sunita Aggarwal & ANR v. Shri Tej Ram Aggarwal & ORS

2020-01-10Hon'Ble Mr. Justice Prateek Jalan2 pages

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 11/2017 with CRL.M.A. 409/2019 & I.A. 13173/2019 MRS SUNITA AGGARWAL & ANR ..... Plaintiffs Through:

Mr. Nitesh Jain, Advocate versus SHRI TEJ RAM AGGARWAL & ORS ..... Defendants Through:

Mr. Kartik Khanna, Advocate with Mr. Gobind Malhotra, Mr. Louish Sharma, Advocates for D-1, 2 and Mr. Krishan Kumar, Advocate with Mr. Ravi Kr. Aggarwal, Advocate for D-3 Mr. Shreya Rao, Proxy counsel for D-4 Mr. Neeraj Gupta, Advocate with Ms. Divya Gattani, Advocate for D-5

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 10.01.2020 1.

It is stated by the counsel for the parties that they have entered into a mediated settlement dated 08.01.2020. A copy of the settlement agreement is also on record. The plaintiffs and defendant Nos.1 to 6 are parties to the settlement agreement. Defendant Nos.1 and 2 have signed through their constituted attorney, Mr. Prem Shankar Aggarwal, who is also defendant No.6 in the suit. All the other parties have also signed the agreement, as have their counsel and the learned mediator. Counsel for all the parties are present as are the plaintiffs and the defendant Nos.3 to 6 in person.

2.

In these circumstances, the parties request that the suit be disposed CS(OS) 11/2017

of in terms of the settlement agreement. It is apparent from Clause 2 and Clause 3(C) of the agreement that the parties have made arrangements for the disbursement of the sum deposited in this Court in Arb.Pet.226/2011, which was disposed of by the order dated 19.07.2016, subject to the result of this suit. The records of that petition have been placed on the record of this suit. It is apparent therefrom that all the parties thereto are also parties to the present suit.

3.

In view of the submissions of learned counsel for the parties and the materials on record, there is no impediment to dispose of the suit in terms of the settlement agreement. It is so ordered. Decree sheet be prepared accordingly. A copy of the settlement agreement will be annexed to the decree.

4.

Parties agree that the Registry will be requested to release the amount deposited in Arb.Pet.226/2011 in terms of the settlement agreement. The Registry is directed to act in accordance with the same. 5.

The suit alongwith pending applications are disposed of. PRATEEK JALAN, J JANUARY 10, 2020 'j'

CS(OS) 11/2017