Radico Khaitan Limited v. Laurent & Benon Management Counsultants Ltd
SINDHU KRISHNAKUMAR 28.08.2020 22:42 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 857/2019 & CM APPLs. 42949/2019, 42951/2019, 2063942/2020 RADICO KHAITAN LIMITED ..... Appellant Through:
Mr. B. L. Wali, Ms. Sita Kaul and Mr. Lokesh Bhardwaj, Advocates.
(M:7701902515) versus LAURENT & BENON MANAGEMENT COUNSULTANTS LTD.
..... Respondent Through:
Ms.
Vidhi Koolwal, Advocate.
(M:9810239071)
CORAM:
JUSTICE PRATHIBA M. SINGH
O R D E R
% 28.08.2020 1.
This hearing has been done by video conferencing. CM APPLs. 20640/2020, 20641/2020, 20642/2020 (all for exemption) 2.
Allowed, subject to all just exceptions. Applications are disposed of. RFA 857/2019 & CM APPLs. 42949/2019 (for stay), 42951/2019 (for delay in filing appeal), 20639/2020 (for withdrawal of appeal) 3.
The present appeal has been preferred against the impugned judgment dated 7th January, 2019 by which a decree was passed against the Appellant for a sum of Rs.4,78,993/- along with interest @ 12% p.a. 4.
At the time when the present appeal was entertained on 24th September 2019, the Court had directed the Appellant to deposit a sum of Rs.4,78,993/- and had stayed execution of the proceedings. 5.
The deposit was, thereafter, made by the Appellant and the same was By:PRATHIBA M SINGH
kept in an FDR in the safe custody of the Deputy Registrar (Appellate). The matter was, thereafter, referred to mediation. 6.
The parties have now settled their disputes vide Settlement Agreement dated 19th August, 2020, upon the Appellant making a payment of Rs.5,50,00/- towards full and final settlement of the dispute. Ld. counsel for the parties submit that the amount has been paid to the Respondent. 7.
The Settlement Agreement has been perused. The Court is satisfied that the same is lawful. The Settlement Agreement has also been digitally signed by the ld. Mediator. The documents in support of the Settlement Agreement i.e., the board resolutions by both the companies, have also been placed on record along with the demand drafts/cheques. Accordingly, the Settlement Agreement is taken on record. The suit shall stand decreed in terms of the Settlement Agreement. The amount, which has been deposited before this Court by way of FDR, be released to the Appellant within a period of one week.
8.
In view of the fact that the matter was settled at the inception of the appeal itself, refund of full court fee is directed. Let the refund voucher be issued in favour of the Appellant within a period of four weeks. 9.
The appeal is disposed of in the above terms. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
AUGUST 28, 2020/dk/T By:PRATHIBA M SINGH