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High Court of DelhiCS(OS)/3213/2011

Metal Box India Ltd & ANR v. T.K. Sehgal & Sons (Huf) & ORS

2019-12-05Cases Pertaining To Special Benches2 pages

$~SB-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3213/2011, IA Nos.25846/2014, 11295/2016 , 8263/2017, 13368/2019, 13660/2019 METAL BOX INDIA LTD & ANR ..... Plaintiffs Through: Mr.Sandeep Sharma, Mr.Vidit Gupta and Mr.Namit Suri, Advocates.

versus T.K. SEHGAL & SONS (HUF) & ORS ..... Defendants Through :

Mr.H.L.Narula, Advocate with defendant No.3 in person.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 05.12.2019 IA No.13368/2019 is filed under Order XXIII Rule 3 read with Section 151 CPC by the plaintiffs for withdrawal of the suit in view of the settlement so arrived at between the parties. The terms of such settlement are enumerated in the paragraphs No.1 to 8 of the IA. The learned counsel for the plaintiffs says in terms of the order dated 08.03.2013 an amount of Rs.4,15,000/- was placed in the fixed deposit receipt by the plaintiffs with the Registrar General of this Court @ Rs.4,360/-per month from the date of filing of the suit in the year 1991 till the date of decree dated 21.01.1999 and such amount along with accrued interest thereon has to be released in favour of the respondent No.3 only - for which other respondents have no objection. In case of any TDS liability, the same shall be borne by the respondent No.3.

In view of above, the application stands allowed and the suit of the plaintiffs is disposed of in terms of above. The pending applications, if any, also stands disposed of. No order as to costs. The cheque be released in favour of the defendant No.3 expeditiously as she has come from Chandigarh. Order be given dasti to both the parties. File be returned immediately. YOGESH KHANNA, J.

DECEMBER 05, 2019 M