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High Court of DelhiFAO(OS)/131/2022

Bas v. Nas & ORS.

2025-01-20Hon'Ble Ms. Justice Rekha Palli,Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~58 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) 131/2022 BAS .....Appellant Through:

Mr.Sanjeev Puri, Sr.Adv.

with Ms.Anindita R Chowdhary, Ms.Vatsala Rai, Mr.Saurabh Batra, Advs.

Versus

NAS & ORS.

.....Respondent Through:

Mr.Dayan Krishnan, Sr.Adv.

with Ms.Malvika Rajkotia, Mr.Aishab Sancheti, Mr.Pranaya Goyal, Mr.Dharav Shah, Ms.Apoorva Kaushik, Mr.Dhawal Desaj, Mr.Suyash Goverdhana, Advs.

Mr.Rohit Puri with Mr.Abhinav Tyagi, Advs for R-8.

Dr.Amit George with Ms.Sugandh Kochhar, Advs for R-9.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 20.01.2025 CM APPL. 3291/2025

1. This is an application filed by the appellant seeking withdrawal of the appeal.

2. Taking into account that it is the stand of the appellant that the suit stands decreed and, therefore, he has no surviving grievance, we find no reason not to accept the prayer for withdrawal of the appeal. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3. The application is, accordingly, allowed and the appeal stands dismissed as not pressed.

4. The application stands disposed of.

CM APPL. 2557/2025 -Dir. by R-9.

5. The learned Mediator has filed his report dated 14.01.2025 in a sealed cover, which report has been perused after opening the sealed cover and the report is directed to be again placed in a sealed cover.

6. This is an application filed by the respondent no.9 seeking directions to the appellant to provide him with a copy of the settlement agreement.

7. Taking into account that it is the common case of the parties that the suit already stands decreed and the appeal itself is being withdrawn today, we find no reason to issue any such directions as prayed for in the present application, which is, accordingly, dismissed. FAO(OS) 131/2022

8. Learned counsel for the appellant submits that since in view of the suit having been decreed the appeal itself is being withdrawn, the Local Commissioners appointed by this Court may be directed to file further reports, if any, before the learned Single Judge. He submits that similar directions may be issued to the learned Mediator as well.

9. Learned counsel for the respondents have no objection to this request. 10.Accordingly, while disposing of the appeal as not pressed we request the learned Mediator to submit further report, if any, before the learned Single Judge and also similarly direct the learned Local Commissioners to file their report, if any, before the learned Single The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Judge itself.

11.The date already fixed in the appeal stands cancelled. REKHA PALLI, J SAURABH BANERJEE, J JANUARY 20, 2025/sr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.