← Library
High Court of DelhiW.P.(C)/837/2011

Apollo Enterprises v. Gnct Of Delhi And ANR

2016-05-31Hon'Ble Mr. Justice Sunil Gaur2 pages

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 837/2011 APOLLO ENTERPRISES ..... Petitioner Through:

Mr. Amit Seth, Advocate versus GNCT OF DELHI AND ANR .....Respondents Through:

Mr.Varun Nischal, Advocate for respondent No.1 Mr. T.S. Upadhayay, Advocate with respondents No.2(A)-Deepak Gurditta and 2(B)-Savita Sagar Pahwa, legal heirs of respondent No.2 in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 31.05.2016 C.M.

/2016 (to be numbered) A joint application has been filed by the parties with a prayer to dispose of the main writ petition in terms of the Memorandum of Understanding of 31st May, 2016 (Annexure-A to the application) arrived at between the parties, copy whereof has been filed in the court itself. The application is also accompanied by affidavits of two legal heirs of respondent No.2 and a copy of the receipt indicating payment of the settled amount of `2,50,000/-.

W.P.(C) 837/2011

Upon notice, Mr. T.S. Upadhyay, Advocate, appears on behalf of respondents No.2(A) & (B), the legal heirs of respondent No.2, and has placed on record his vakalatnama/power of attorney on their behalf and submits that respondents No.2(A) & (B) are present in the court, who are identified to be so by him.

Respondents No.2(A) & (B), present in the Court, submit that the terms of the Memorandum of Understanding have been fully acted upon and now they have no objection to the disposal of the main writ petition in terms of the aforesaid Memorandum of Understanding and to the release of the amounts in favour of petitioner as prayed for in the instant application.

For the reasons stated in the application, it is allowed and it is directed that a sum of `1,42,000/- lying deposited with the Registrar General of this Court be released to petitioner, as per Rules. Further, if the amount of `22,431/- is deposited by petitioner with the trial court, the same be also released to petitioner as per Rules. The impugned Award of 15th October, 2010 (Annexure P-1) is modified in terms of the aforesaid Memorandum of Understanding of 31st May, 2016. The application stands disposed of.

W.P.(C) 837/2011 & C.Ms. 1761/11, 12671/11, 2893/13 In view of the order passed above, this petition and the pending applications stand disposed of.

(SUNIL GAUR) JUDGE MAY 31, 2016 s W.P.(C) 837/2011