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High Court of DelhiO.M.P. (COMM)/478/2019

Hindustan Construction Company Ltd v. National Highway Authority Of India

2020-09-01Hon'Ble Mr. Justice V. Kameswar Rao3 pages

$~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP (COMM) 478/2019, IAs 7572/2020, 7573/2020 & 7574/2020 HINDUSTAN CONSTRUCTION COMPANY LTD ..... Petitioner Through:

Mr. Ankit Banati, Adv.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Respondent Through:

Ms. Gunjan S. Jain, Adv.

AND + OMP (COMM) 491/2019, IAs 7569/2020, 7570/2020 & 7571/2020 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through:

Ms. Gunjan S. Jain, Adv.

versus M/S HINDUSTAN CONSTRUCTION CO. LTD ..... Respondent Through:

Mr. Ankit Banati, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 01.09.2020 IAs 7573/2020 & 7574/2020 in OMP (COMM) 478/2019 IAs 7570/2020 & 7571/2020 in OMP (COMM) 491/2019 Exemption allowed subject to all just exceptions. Applications stand disposed of.

IA 7572/2020 in OMP (COMM) 478/2019 IA 7569/2020 in OMP (COMM) 491/2019 1.

These are the applications filed by both the parties under Order XXIII Rule 3 CPC with the following prayers:- "IA 7572/2020 in OMP (COMM) 478/2019 In view of the aforesaid facts and circumstances mentioned above, it is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to: - (a) Allow the present Petition to be withdrawn in light of the Settlement Agreement interse the parties;

(b) Pass any such further order(s) that this Hon'ble Court deem fit and proper in the facts and circumstances of the case. IA 7569/2020 in OMP (COMM) 491/2019 In view of the aforesaid facts and circumstances mentioned above, it is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to: - (a) Allow the present Petition to be withdrawn in light of the Settlement Agreement interse the parties;

(b) Pass any such further order(s) that this Hon'ble Court deem fit and proper in the facts and circumstances of the case." 2.

The substantive petitions were filed by the petitioners challenging the Award dated April 15, 2019. It is submitted by the learned counsel for the parties that they have settled their inter-se disputes vide settlement agreement dated August 14, 2020.

3.

Learned counsel for the parties states, in view of the settlement agreement, the petitions be treated as withdrawn. It is ordered accordingly. Applications are disposed of.

V. KAMESWAR RAO, J SEPTEMBER 01, 2020/ak