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High Court of DelhiCO.PET./813/2016

Intec Infra-Technologies Private Ltd. v. Golden Peacock Residence Private Limited

2017-03-03Hon'Ble Mr. Justice Siddharth Mridul2 pages

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 813/2016 & Co. Appl. No.3325/2016 INTEC INFRA-TECHNLOGIES PVT. LTD.

..... Petitioner Through:

Mr. Saurabh Prakash & Mr. Kunal Gosain, Advocates.

versus GOLDEN PEACOCK RESIDENCE PVT. LTD.

..... Respondent Through:

Mr. Khalid Arshad, Advocate with Mr. Hitesh Kumar, Deputy Legal Manager of respondent company.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 03.03.2017 Learned counsel appearing on behalf of the parties, state in unison, that the underlying dispute that led to the institution of the present company petition has been amicably settled by and between the parties and the terms and conditions of the settlement are enshrined in the Settlement Agreement dated 2.3.2017. In terms of the said settlement, learned counsel for the respondent company has handed over two post dated cheques drawn on Axis Bank in favour of petitioner bearing Nos.246811 dated 31.3.2017; and 246812 dated 30.4.2017, for the sum of Rs.3 lacs and Rs.2.5 lacs, respectively, today in court. Mr. Hitesh Kumar, Deputy Manager (Legal) is present in person in court and undertakes that the above mentioned cheques shall be duly honoured on presentation. The said undertaking is accepted.

The said Memorandum of Settlement dated 2.3.2017 entered into between the parties is lawful and the same is taken on record. The parties shall abide by the terms and conditions of the said Settlement Agreement

dated 2.3.2017, without demur.

In view of the settlement arrived at between the parties as aforesaid, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present company petition with liberty to revive the same in the event, the above mentioned cheques are dishonoured. Leave granted.

Consequently, the accompanying company petition is dismissed as withdrawn and disposed of accordingly.

Pending applications, if any, also stand disposed of.

SIDDHARTH MRIDUL, J.

MARCH 03, 2017 'AA'