Vijay Mahajan v. Parvesh Kumar Gupta

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(COMM) 127/2023 and C.M. Nos. 32372/2023 & 62120/2023 VIJAY MAHAJAN ..... Appellant Through:

Appellant in person.

versus PARVESH KUMAR GUPTA ..... Respondent Through:

Mr Rajender Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 05.04.2024 1.

The appellant, who appears in person and counsel for the respondent submit that disputes pending between the parties stand settled. 2.

For this purpose, our attention has been drawn to the Settlement Agreement [in short 'SA'] dated 18.03.2024 executed between the parties under the aegis of the Delhi High Court Mediation and Conciliation Centre [in short "Centre"].

3.

Counsel for the respondent says that he would have no objection if the appeal is disposed of in terms of the SA.

4.

We have perused the SA.

4.1 According to us, the terms contained in the SA are lawful. RFA(COMM) 127/2023 5.

At this stage, we are told that the appellant had deposited, during the pendency of the appeal, Rs. 10 lakhs with the Registry of this Court, of which, Rs. 5 lakhs were released to the respondent. Therefore, the appellant The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:20:24

says that remaining Rs. 5 lakhs should be released to him along with accrued interest, as per Clause 8 of the SA.

6.

Counsel for the respondent says that he would have no objection, if such directions are issued.

6.1 It is ordered accordingly.

7.

The Registry will release Rs 5 lakhs to the appellant along with accrued interest.

8.

Furthermore, having regard to the fact that the parties have entered into a settlement, the appellant would be entitled to refund of 50% of the court fee.

9.

The Registry will take next steps in the matter with regard to refund of court fee.

10.

The appeal is disposed of in terms of the SA. The SA shall form part of the record. The parties will abide by the terms of the SA. 11.

Consequently, interim order dated 16.06.2023 shall stand vacated. 12.

Resultantly, pending applications shall also stand closed. RAJIV SHAKDHER, J.

AMIT BANSAL, J.

APRIL 05, 2024 kd Click here to check corrigendum, if any RFA(COMM) 127/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:20:24