Swaranjit Singh Sayal v. Anu Puri

#7 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1061/2015 & I.A. 8018/2015 SWARANJIT SINGH SAYAL ..... Plaintiff Through Mr. B.S. Dhir with Mr. Puneet Singh Dheer, Advocates. Plaintiff in person.

versus ANU PURI ..... Defendant Through Mr Pranav Jain, Advocate.

Defendant in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 26.09.2017 On 13th September, 2017, this Court had passed the following order:- "Learned counsel for the defendant, on the instructions of defendant who is personally present today in Court, states that the defendant without prejudice to her rights and contentions is willing to abide by the agreement to sell dated 25th December, 2009, provided the balance sale consideration of Rs.1,75,00,000/- is paid by the plaintiff within a period of two weeks. In the alternative, learned counsel for the defendant states that the defendant is willing to refund the amount of Rs.25,00,000/- received as advance from the plaintiff.

Learned counsel for the plaintiff prays for some time to obtain the instructions.

For this limited purpose, list the matter on 26th September, 2017.

It is made clear that the offer of the defendant shall lapse after two weeks."

Today, learned counsel for the plaintiff states that the plaintiff does not wish to proceed with the present suit provided the defendant refunds the amount of Rs. 25 lacs received by her as advance from the plaintiff. Accordingly, learned counsel for the defendant has today in Court handed over to learned counsel for the plaintiff Cheque No. 741670 dated 26th September, 2017 for Rs. 25,00,000/- drawn upon State Bank of India, Green Park, Main Market, New Delhi.

Learned counsel for the plaintiff in the presence of the plaintiff has accepted the aforesaid cheque in full and final settlement. Learned counsel for the defendant on instruction of the defendant who is personally present in Court assures and undertakes to this Court that the aforesaid cheque is good for payment.

The statements and undertakings given by both the counsel are accepted by this Court and the parties are held bound by the same. Consequently, present suit is disposed of as satisfied. Registry is also directed to issue to the plaintiff a certificate authorizing him to receive back from the Collector full amount of the Court fee paid by him in the present suit.

With the aforesaid directions, present suit and pending application stand disposed of.

MANMOHAN, J SEPTEMBER 26, 2017 rn