Silver Resort Hotel India Pvt Ltd v. Delhi International Airport Ltd

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 116/2018 and C.M. No. 22549/2018 SILVER RESORT HOTEL INDIA PVT LTD ..... Appellant Through:

Mr. Sandeep Sethi, Sr. Advocate with Mr. Naman Johi, Mr. Vineet Malhotra and Mr.

Abhishek Chhabra, Advocates.

versus DELHI INTERNATIONAL AIRPORT LTD ..... Respondent Through:

Mr. Raj Shekhar Rao, Mr. Rishi Agrawala, Mr. Karan Luhtra and Ms.Niyati Kohli, Advocates for respondent No. 1.

Mr. T.K. Ganju, Sr. Advocate with Mr.

Aquib Ali, Advocate for applicant in C.M. No. 49309/2018.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 07.11.2019 C.M. Nos. 45224/2019 & 49309/2018 Issue notice. Respective counsels for the non-applicant accept notice. Vide C.M. No. 45224/2019, the appellant seeks to withdraw the appeal in view of the settlement arrived at with the respondent.

Vide C.M. No. 49309/2018, the plaintiff in CS(OS) 176/2015 seeks a direction that the amount that the respondent would deposit in terms of the settlement with the appellant should be kept in deposit in the said suit proceedings to be disbursed in terms of the orders that the learned Single Judge may pass in the suit.

Since all the counsels are agreeable to passing of orders in terms of the respective prayers made in the application, we allow both the applications.

The appeal is dismissed as withdrawn.

The respondent shall deposit the amount of Rs. 54 crores within a week in the suit proceedings aforesaid. The learned Single Judge may pass orders for the disbursal of the amount in accordance with law. The appeal stands disposed of.

Dasti.

VIPIN SANGHI, J SANJEEV NARULA, J NOVEMBER 07, 2019 N.Khanna