High Court of DelhiCS(OS)/412/2011

Prem Grover v. Achal Kumar Aggarwal & ORS

2019-12-19Joint Registrar (Judicial) Sh. Anil Kumar (Dhjs)2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 412/2011 PREM GROVER ..... Plaintiff Through:

Mr. Ankit Jain and Mr. Abhay Pratap Singh, Advs.

versus ACHAL KUMAR AGGARWAL AND ORS.

..... Defendants Through:

Mr. Munish Kochhar and Ms. Disha Ganjoo, Advs. for D1 and D2.

Ms. Ramya Kutty and Mr. Ritesh Kumar, Advs. for D3 and D4 with Mr. Amarjit Singh Chandhiok.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 19.12.2019 This matter is listed vide supplementary list circulated in the prelunch session on a mentioning made before Hon'ble the Judge Incharge. IA. 18099/2019 This is an application filed by the applicant / plaintiff for impleading Mr. Amarjit Singh Chandhiok and Dr. Nomita Chandhiok as defendant nos. 3 and 4.

Noting the fact that defendant nos. 1 and 2 have no objection and even the proposed defendants have no objection in their impleadment, the application is allowed. Amendmed memo of parties is taken on record. Application stands disposed of.

CS(OS) 412/2011 Mr. Ankit Jain, learned counsel appearing for the plaintiff states,

plaintiff has settled the matter with the defendant nos. 3 and 4 in the mediation proceedings, whereby it has been agreed that the defendant nos. 3 and 4 shall pay an amount of Rs.30 lakhs to the plaintiff. Today, Mr. Amarjit Singh Chandhiok has tendered a draft and a cheque for Rs.30 Lakhs to the plaintiff who is present in the court, through his counsel Mr. Ankit Jain.

In view of the fact, plaintiff has settled the matter with defendant nos. 3 and 4, Mr. Jain states, nothing further survives in the suit and the suit be dismissed as withdrawn.

In view of the settlement entered by the plaintiff and defendant nos. 3 and 4 and the fact that defendant nos. 1 and 2 have no objection in withdrawal of the suit, the suit is dismissed as withdrawn. As the plaintiff has settled the dispute with defendant nos. 3 and 4 in the mediation proceedings and the defendant Nos. 1 and 2 have no objection in that regard, the plaintiff shall be entitled to refund of court fees in terms of Section 16 of the Court Fees Act, 1970.

The date already fixed, i.e., January 14, 2020 stands cancelled. V. KAMESWAR RAO, J DECEMBER 19, 2019/jg