Kulwaran Singh v. Jitender Kumar & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 666/2012 KULWARAN SINGH ..... Plaintiff Through:

Mr. Jitender Vashisht, Adv.

versus JITENDER KUMAR & ORS ..... Defendants Through:

Mr. Amit, Adv. for D-1 & D-2.

Mr. Vinod, Adv. for D-3.

Mr. Jitender Kumar, Adv. for D-4 &D-5.

Mr. Punt K. Bhalla, Adv. for D-13.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.12.2015 I.A. No. 24107/2015 (u/O 23 R 3 CPC) Learned counsel for the plaintiff submits that plaintiff has settled the matter with defendant nos. 1 and 2 before the Delhi High Court Mediation & Conciliation Centre vide Settlement Agreement dated 28th September, 2015, which is marked as Mark 'C-1'. He further submits that defendant nos. 1 and 2 have agreed to refund the total amount paid by the plaintiff to defendant no.1. He requests that in view of settlement suit may be disposed of qua plaintiff and defendant nos. 1 and 2. As regards other defendants are concerned, it is contended that suit is not pressed against them and suit be disposed of as withdrawn.

Accordingly, suit is disposed of as withdrawn qua defendant nos. 3 to

14. As regards plaintiff and defendant nos. 1 and 2 are concerned, suit is disposed of in terms of Mark 'C-1'. Plaintiff and defendant nos. 1 and 2 shall remain bound by terms of Mark 'C-1'. Since suit has been settled between the plaintiff and defendant nos. 1 and 2 through the process of mediation and suit has not been pressed qua other defendants, let court fee be refunded to the plaintiff and necessary certificate in this regard be issued by the Registry. Miscellaneous applications as well as chamber appeal are disposed of as infructuous.

Application is disposed of in the above terms. A.K. PATHAK, J.

DECEMBER 04, 2015 ga