Bharat Commercial Roadways v. Ram Kumar

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4169/2017 & C.M. No. 18270/2017 BHARAT COMMERCIAL ROADWAYS ..... Petitioner Through Ms.Mrinalini Yadav, Adv.

versus RAM KUMAR ..... Respondent Through Mr.G.S.Patwalia, Adv.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 07.03.2019 1.

Learned counsel for the respondent states that though a statement had already been made on behalf of the respondent that no counter affidavit was required to be filed but inadvertently a counter affidavit was subsequently prepared and a copy thereof was handed over to the learned counsel for the petitioner. He, however, submits that the respondent does not wish to rely on the said counter affidavit and prays that the matter be heard on the basis of the pleadings already on record.

2.

Learned counsel for the petitioner states that since she was not informed that the respondent would not rely on the counter affidavit, she is not ready with the matter today and, therefore, prays for time to make submissions.

3.

At this stage, learned counsel for the respondent, on instructions, from the respondent, who is present in Court states that the respondent is open to an amicable settlement with the petitioner,

in case, the petitioner were to pay a sum of Rs.5 lakhs in lump sum to the respondent.

4.

Learned counsel for the petitioner prays for time to get instructions on this aspect.

5.

It is made clear that, in case, the parties are not able to amicably settle the matter before the next date, the petition will be considered on merits.

6.

At request, list on 28.03.2019.

REKHA PALLI, J MARCH 07, 2019 sr