Rudrabhishek Enterprises Pvt Ltd v. Up Infraestate Pvt Ltd

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 184/2016 RUDRABHISHEK ENTERPRISES PVT LTD ..... Petitioner Through : Ms Mukti Chaudhary, Adv with Mr Vivek Kalia, AR in person.

versus UP INFRAESTATE PVT LTD ..... Respondent Through : Mr Neeraj Kumar Jha, Adv

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.08.2016 IA No.10319/2016 This is a joint application filed by the parties under Order XXIII Rule 3 of the CPC, inter alia, praying that the terms of the Settlement Agreement dated 04.08.2016 be recorded. Learned counsels for parties state that parties have amicably settled their disputes in terms of the Settlement Agreement dated 04.08.2016 arrived at before the Delhi High Court Mediation & Conciliation Centre. It is stated that in terms of the aforesaid Settlement Agreement, the Respondent has handed over three cheques of ₹ 1.00 Crore each to the Petitioner.

The Settlement Agreement further records that the Respondent would be entitled to deal with the land as detailed in Annexure P-24 of the Petition on Court recording the aforesaid settlement. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) and is only

for the purpose of interim relief and, therefore, a decree in terms of the settlement cannot be passed in these proceedings. Nonetheless, the Settlement Agreement dated 04.08.2016 has already been placed on record by the parties. Accordingly, the present petition does not survive and is disposed of along with present application.

The date already fixed i.e. 27.09.2016 stands cancelled. VIBHU BAKHRU, J AUGUST 26, 2016 M