M/S A.V. Developers Pvt. Ltd v. M/S Sdv Air Link India Ltd.

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 325/2009 M/S A.V. DEVELOPERS PVT. LTD ..... Appellant Through:

Mr. Raj Kumar Yadav, Advocate (9810086100) versus M/S SDV AIR LINK INDIA LTD.

..... Respondent Through:

Ms. Sangeeta Sondhi, Advocate (9810243382)

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 29.01.2019 CM No.4226/2019 (for release of FDR filed by the parties alongwith settlement dated 17.12.2018) & RFA 325/2009 1.

This application is allowed and the appeal is disposed of as compromised by observing that the total amount lying in this Court ie. the amount plus accrued interest thereon, will be divided equally between the appellant and the respondent. Half of the amount received by the two parties each to this appeal will be in full and final satisfaction of the claims of the respective parties against each other which are subject matter of the present litigation.

2.

At the request of the parties, it is also agreed that the name of

the respondent will now be known as Bollore Logistics India Ltd. and the respondent will now file amended memo of parties in this Court within a period of one week from today. Payment to be released to the respondent will therefore now be by means of a banking instrument drawn in the name of the respondent-Bollore Logistics India Ltd. 3.

Registry will issue necessary directions to the UCO Bank so that UCO Bank can pay 50% of the amount in terms of the present order to each of the parties i.e the appellant and the respondent. 4.

This application and the appeal are accordingly disposed of. VALMIKI J. MEHTA, J JANUARY 29, 2019 ib