M/S Infotek Netalia Ltd v. M/S Soma Networks Software

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 567/2012 M/S INFOTEK NETALIA LTD ..... Petitioner Through: Mr Vijay Kumar, Adv.

versus M/S SOMA NETWORKS SOFTWARE ..... Respondent Through: Mr Yashvardhan & Mr Ashutosh Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 18.02.2016 Learned counsel for the respondent says, on instructions, that a sum of Rs. 30,88,400/- along with simple interest at the rate of 6% per annum, can be paid to the petitioner in full and final settlement of its claim from September, 2009 till the date of the payment. Learned counsel further states that the said payment will be made within four weeks from today. Learned counsel further states that in view of this offer, he does not wish to file a reply.

Learned counsel for the petitioner having heard the said offer, says that the above offer is acceptable to the petitioner. Having regard to the above, the petition is disposed of in terms of the agreement arrived at between the parties as indicated above. Furthermore, since counsel for the respondent, on instructions, undertakes to the court that the sum indicated above will be paid within the time stipulated above, to my mind, no further orders are called for. It is, however, made clear if the CO.PET. 567/2012

respondent were to breach the undertaking, the petitioner would have the liberty to revive the captioned petition and take recourse to any other remedy that may be available to it in law.

The petition is disposed of accordingly.

RAJIV SHAKDHER, J FEBRUARY 18, 2016 kk CO.PET. 567/2012