High Court of DelhiCS(OS)/2421/2013

M/S Kataria Constructions Pvt Ltd v. Sanjiv Walia & ANR

2018-09-05Joint Registrar (Judicial) Sh. Rakesh Pandit (Dhjs)2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2421/2013 M/S KATARIA CONSTRUCTIONS PVT LTD ..... Plaintiff Through: Mr. Vivekanand, Advocate with Mr. Raghav Gumber, Advocate.

versus SANJIV WALIA & ANR ..... Defendants Through: Mr. Aman Nandrajog, Advocate for defendant No.1.

Mr. I.S. Alag, Senior Advocate with Mr. J.S. Lamba, Advocate for defendant No.2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 05.09.2018 I.A. 11902/2018 in CS(OS) 2421/2013 Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation. Present application is also supported by affidavits of authorized representatives of the plaintiff and the defendants. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Agreement dated 16th August, 2018 executed before the Delhi High Court Mediation and

Conciliation Centre.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid Settlement Agreement.

The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same. This Court has also perused the Settlement Agreement dated 16th August, 2018 and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with the Settlement Agreement dated 16th August, 2018, which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector half the amount of the Court fee paid by it in the present suit. With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The next date of hearing i.e. 29th November, 2018 stands cancelled.

MANMOHAN, J SEPTEMBER 05, 2018 js