Mr Praveen Mittal v. M/S Nbcc India Limited
$~O-52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 997/2024 MR PRAVEEN MITTAL .....Plaintiff Through:
Mr.Avinash Trivedi and Mr.Rahul Aggarwal, Advocates.
versus M/S NBCC INDIA LIMITED .....Defendant Through:
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R
% 24.04.2025 I.A. 10259/2025 (under Order XXIII Rule 1 of CPC) 1.
The instant application has been filed on behalf of the plaintiff seeking withdrawal of the civil suit.
2.
Learned counsel for the plaintiff contends that inadvertently, the settlement agreement could not be placed on record. He undertakes to place the same in the digital record of the Court during the course of the day. 3.
The Registry is directed to accept the same and shall place it in the digital record of the Court.
4.
The Court has perused the copy of the Settlement Agreement dated 27.03.2025 which has been handed over across the Board. 5.
Learned counsel for the parties jointly submit that the matter stood settled between the parties and the terms of settlement have been recorded vide settlement dated 28.03.2025.
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 30/04/2025 at 15:46:57
6.
In view of the settlement arrived at between the parties and for the reasons stated in the application, the same stands allowed. 7.
The instant application stands disposed of.
CS(COMM) 997/2024 1.
Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at, should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise. 2.
The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.
3.
The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.
4.
In view of the aforesaid and the order passed in I.A.10259/2025, the instant civil suit stands dismissed as withdrawn. 5.
The Registry is directed to refund the entire Court fee to the plaintiff. 6.
The date already fixed i.e. 29.07.2025 stands cancelled. PURUSHAINDRA KUMAR KAURAV, J APRIL 24, 2025 Nc/sph Click here to check corrigendum, if any 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 30/04/2025 at 15:46:57