Sant Baksh Gupta v. Neeraj Kumar

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 68/2018, CM No. 12659/2018 SANT BAKSH GUPTA ..... Petitioner Through:

Mr. Jayant Malik, Adv.

versus NEERAJ KUMAR ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.04.2018 CM No. 12659/2018 (for withdrawal) This is an application filed by the petitioner seeking withdrawal of the contempt petition. The relevant averments made in paras 3 to 5 read as under:

"3. That, vide its order dated 12.02.2018, the ld. Additional District Judge, Patiala House Courts, was pleased to refer the parties in Arbitration Case No.3386 of 2017 to mediation in order to encourage the settlement of the matter. 4.

After several rounds of negotiation, the parties to the present Contempt Case have, on 27.03.2018, settled their differences and have agreed for the full and final settlement of the dispute, the arbitral proceedings and the present proceedings before this Hon'ble Court by way of a settlement agreement. A copy of the settlement agreement dated 27.03.2018 has been annexed herewith and marked as Annexure P-1.

5.

In accordance with Clause 6 of the settlement agreement dated 27.03.2018, the Applicant and the respondent, upon the finalization of the settlement agreement, agreed to withdraw

these proceedings before this Hon'ble Court, by consent. The relevant clause has been set out herein below:- "6.

The petitioner shall issue the No. Dues Certificate of loan account No.DDYo19467C dated 11.07.2015 after receipt of the total settlement amount and the respondent shall withdraw the contempt petition No.68/2018 pending before Hon'ble High Court of Delhi listed on 21.08.2018 within one week from the date of instant settlement." The contempt petition is dismissed as withdrawn. The date already filed i.e. August 21, 2018 stands cancelled. V. KAMESWAR RAO, J APRIL 04, 2018/aky