Aravali Inrapower Limited v. Bharat Aluminium Company Limited

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 990/2015 ARAVALI INRAPOWER LIMITED ..... Plaintiff Through:

Mr. Sanjay Kothiyal, Advocate.

versus BHARAT ALUMINIUM COMPANY LIMITED ..... Defendant Through:

Mr. Prashantu Chandra Sen, Advocate along with Mr. Shivanshu Singh, Ms.

Sanah Batta and Mr. Udayan Verma, Advocates.

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 21.12.2016 I.A. 15821/2016 (application on behalf of the plaintiff under Order XXIII Rule 3 read with Section 151 CPC) The present application is moved by the parties under Order 23 Rule 3 on the ground that parties have voluntarily settled their disputes which are a subject matter of the present suit for a sum of Rs. 1,81,35,001.00 (Rupees One Crore Eighty One Lakhs Thirty Five Thousand and One Only).

The plaintiff has submitted that he has received the amount vide two Demand Drafts, viz, bearing no. 795861 dated 24.10.2016 amounting Rs. 1,68,13,649.00 (Rupees One Crore Sixty Eight Lakh Thirteen Thousand Six

Hundred and Forty Nine Only) and another bearing number 526425 dated 05.10.2016 amounting Rs. 13,21,332.00 (Rupees Thirteen Lakh Twenty One Thousand Three Hundred and Thirty Two Rupees Only) both in favour of the Plaintiff Company.

It is submitted by the plaintiff that no cause of action survives in view of this settlement and the suit be withdrawn as being settled. Mediation report and the settlement deed are on record. In view of the above submissions and settlement arrived at between the parties, the suit along with the application stands disposed of.

Certificate of refund of court fee in term of Section 16 of Court Fee Act and Section 89 of the Code of Civil Procedure be issued to the plaintiff.

The date fixed in this case stands cancelled. DEEPA SHARMA, J DECEMBER 21, 2016 sapna