A K Goel & ANR v. M/S Shivam Properties Pvt Ltd & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 7/2017 A K GOEL & ANR ..... Appellants Through:

Mr.Ranjeev Kumar, Advocate with appellant No.1 in person versus M/S SHIVAM PROPERTIES PVT LTD & ANR ..... Respondents Through:

Mr.Jai Sahai Endlaw, Adv. for R-1 Mr.Virender Mehta, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 22.03.2017 CM No.11346/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application stands disposed of.

CAV 268/2017 With the appearance of counsel for respondent No.1/caveator, caveat stands discharged.

EX.F.A. 7/2017 1.

Learned counsel for the appellants, who is present along with appellant No.1, has placed on record memorandum of settlement which is duly signed by the counsel for the respondent No.1 as well respondent No.2. 2.

As per the settlement, the appellants are withdrawing their appeal against the order dated 7th November, 2016 unconditionally and in lieu of that the respondents are also agreeing to waive their claim towards arrears of

rent/use and occupation charges in respect of Cabin No.14 and 20 at 14-15 F (Basement) Connaught Place, New Delhi.

3.

Respondents are further agreeing not to institute any other claim or proceeding before any forum to recover such arrears. 4.

In view of the settlement entered into between the parties, learned counsel for the appellant seeks permission to withdraw this appeal. 5.

The appeal is dismissed as withdrawn. The parties shall be bound by the terms and conditions recorded in the memorandum of settlement annexed as exhibit C-I.

CM No.11345/2017 Dismissed as infructuous.

PRATIBHA RANI, J.

MARCH 22, 2017 'pg'