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High Court of DelhiCS(OS)/578/2019

Embassy Of Democratic Republic Of Congo v. Buniyad Construction Pvt. Ltd.

2024-05-29Hon'Ble Mr. Justice Prateek Jalan3 pages

$~5 to 7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 578/2019, I.A. 12257/2020 & I.A. 7956/2022 EMBASSY OF DEMOCRATIC REPUBLIC OF CONGO ..... Plaintiff versus BUNIYAD CONSTRUCTION PVT. LTD.

..... Defendant + OMP (ENF.) (COMM.) 53/2019, CCP(O) 77/2020, EX.APPL.(OS) 313/2020, EX.APPL.(OS) 315/2020, EX.APPL.(OS) 1038/2020 & EX.APPL.(OS) 242/2021 BUNIYAD CONSTRUCTION PVT. LTD.

..... Decree Holder versus EMBASSY OF DEMOCRATIC REPUBLIC OF CONGO ..... Judgement Debtor + O.M.P. (COMM) 435/2020, I.A. 5417/2020, I.A. 5418/2020 & I.A. 4019/2021 EMBASSY FOR DEMOCRATIC REPUBLIC OF CONGO ..... Petitioner versus BUNIYAAD CONSTRUCTION PVT. LTD.

..... Respondent Appearance:

Mr. Tejas Karia, Ms. Shruti Sabharwal, Mr. Prakhar Deep, Mr. Nishant Doshi, Mr. Nitin Sharma and Ms. Nitya Nath, Advocates for Embassy in Item No.6 and 7.

Mr. Varun Sharma, Advocate for Buniyaad Construction Pvt. Ltd. Mr. Satya Ranjan Swain, SPC with Mr. Kautilya Birat, Advocates for JD-2/UOI in Item No.6.

Mr. Rajeev Lochan, Advocate for petitioner in Item No.5 and 7. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.05.2024 1.

Learned counsel for the parties state that the disputes between them have been settled, and a Settlement Agreement has been signed by the representatives of the parties on 21.05.2024. A copy of the Settlement Agreement, signed by the representatives of both parties, has been handed up in Court and is taken on record.

2.

The Settlement Agreement provides that, in addition to the sum of Rs.2.5 crores already paid to Buniyad Construction Pvt. Ltd. by the Embassy for Democratic Republic of Congo ["Embassy"], a further amount of Rs.1,37,78,096/- will be paid in full and final settlement of the disputes.

3.

Mr. Tejas Karia, learned counsel for the Embassy, states that the Embassy is required to revalidate a demand draft, which has already been prepared for the balance amount of Rs.1,37,78,096/-, as the demand draft is dated 05.08.2022, and has lapsed. He states that the demand draft will be revalidated and handed over to Buniyad Construction Pvt. Ltd. within 30 days from today.

4.

In view of the settlement, learned counsel for the Embassy seeks permission to withdraw CS(OS) 578/2019 & O.M.P. (COMM) 435/2020. The said proceedings are dismissed as withdrawn. 5.

In view of the statement made by Mr. Karia with regard to payment of the balance amount of Rs.1,37,78,096/-, no further orders are required The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in OMP(ENF.)(COMM.) 53/2019. The enforcement proceedings are therefore closed, with liberty to the award holder - Buniyad Construction Pvt. Ltd., to apply for revival of the proceedings if the balance amount is not paid to it within 30 days from today.

6.

All pending applications are disposed of.

PRATEEK JALAN, J MAY 29, 2024 SS/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.