Emaar India Ltd. v. Adhiraj Dwivedi & ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1912/2023, CM APPL. 59770/2023, CM APPL. 1651/2025 & CM APPL. 1754/2025 EMAAR INDIA LTD.

.....Petitioner Through:

Mr. Arjun Jain, Ms. Anushree Narain & Mr. Vipin Chaudhary, Advocates versus ADHIRAJ DWIVEDI & ANR.

.....Respondent Through:

Mr. Vikas Tiwari and Ms. Arushi Rathore, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 05.05.2025 1.

Petitioner herein is defending a summary suit. 2.

While considering the application seeking leave to defend, conditional leave to defend was granted to the defendant (petitioner herein) vide order dated 26.09.2023.

3.

Such order is under challenge.

4.

During pendency of the present proceedings, defendant was directed to deposit a sum of Rs. 50 lacs with the Registry of this Court. Such amount in the shape of an FDR is already lying deposited. Reference in this regard be made to order dated 30.11.2023.

5.

It has now been, jointly, informed that matter has been amicably settled between the parties in terms of settlement dated 11.07.2024. 6.

Learned counsel for respondent (plaintiff before the learned Trial Court) submits that in terms of amicable settlement, plaintiff has not only got CM(M) 1912/2023 1 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 01/07/2025 at 01:00:21

the dwelling unit in question but also the compensation 7.

In view of the above, it is informed that suit filed before the learned Trial Court is also going to be withdrawn on the next date of hearing, which is stated to be 09.05.2025.

8.

Viewed thus, petitioner is also no longer interested in pursuing with its present petition and prays for its disposal in terms of the aforesaid settlement with request that the aforesaid amount of Rs. 50 lacs along with interest accrued, if any, be directed to be returned to the petitioner. 9.

Learned counsel for respondents has also no objection in this regard. 10.

In view of the above, while allowing the applications moved by the petitioner, the present petition is disposed of as not pressed, in terms of amicable settlement of the disputes between the parties. 11.

The amount deposited by the petitioner before this Court in terms of order dated 30.11.2023 is directed to be returned to the petitioner along with accrued interest.

MANOJ JAIN, J MAY 5, 2025/dr/js CM(M) 1912/2023 2 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 01/07/2025 at 01:00:21