Degamber Sen Sawhny v. Skylink Construction Pvt Ltd

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 955/2015 DEGAMBER SEN SAWHNY ..... Plaintiff Through:

Ms.

Shobhana Takiar, Advocate along with plaintiff in person.

versus SKYLINK CONSTRUCTION PVT LTD ..... Defendant Through:

Mr. S.K. Tandon, Advocate along with Mr. Ashish Malhan, defendant in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 25.02.2016 I.A. No.2668/2016 This application under Order XXIII Rule 3 CPC has been moved jointly by the parties to record their settlement. The application has been signed by the parties and their respective counsel. It is also supported by the affidavit of Mr. Degamber Sen Sawhny, the plaintiff and Mr. Ashish Malhan, the director and the authorised representative of the defendant company.

Though the valuation of the suit is under Rs.1 Crore, in view of the fact that the parties are proceedings to settle the disputes, this Court is taking up the matter and proceeding to dispose of the application. It is informed that payment of Rs.10 Lakhs payable in terms of

paragraph 5(b) of the application already stands paid to the plaintiff. Learned counsel for the defendant has tendered the pay orders for Rs.60 Lakhs to the plaintiff with the following details. Pay Order No.

Dated Drawn on Amount 167480 27.01.2016 HDFC Bank Ltd. Greater 40,00,000/- Kailash-2, New Delhi 566322 01.02.2016 Syndicate Bank, Nehru 10,00,000/- Place New Delhi.

566275 19.01.2016 Syndicate Bank, Nehru 10,00,000/- Place New Delhi.

The same are accepted by the plaintiff, who is present in person. The terms of settlement appear to be fair, just and reasonable and there is no impediment in accepting the same. Accordingly, the suit is disposed of in terms of the settlement set out in paragraph 5 of the application. The parties shall remain bound by the said settlement.

The plaintiff shall be entitled to refund of 50% of the Court Fees. Dasti.

VIPIN SANGHI, J FEBRUARY 25, 2016 B.S. Rohella