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High Court of DelhiCS(OS)/464/2016

Mr Deepak Bhambani v. Shri Jagdish Chandra Malhotra & ORS

2017-07-14Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 464/2016 & I.As. 11378/2016 AND 14370/2016 MR DEEPAK BHAMBANI ..... Plaintiff Through: Mr. SanjayBansal, Advocate with plaintiff in person.

versus SHRI JAGDISH CHANDRA MALHOTRA & ORS ..... Defendants Through: Ms. Nira Nariman, Advocate with Mr. Chirag Kher, Advocate with defendant No.3 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.07.2017 After some arguments, it is agreed between the parties that the defendants shall pay Rs.42,50,000/- in full and final settlement of plaintiff's claim with regard to the Agreement to Sell dated 16th June, 2016 in respect of property No.D-29A, Hauz Khas, New Delhi-110016. In fact, today in Court, learned counsel for defendants has handed over a Cheque No.310574 dated 14th July, 2017 for Rs.42,50,000/- drawn on IndusInd Bank, S-6, Building No.18&19, Oriental House, Gulmohar Community Centre, Yusuf Sarai, New Delhi-110016 in favour of the plaintiff to learned counsel for plaintiff.

Learned counsel for defendants assures this Court that the aforesaid cheque is good for the payment.

Learned counsel for plaintiff, on instructions of the plaintiff, who is personally present in Court states that the aforesaid cheque has been accepted in full and final settlement. He further states that after encashment of the aforesaid cheque, the plaintiff would have no claim or title or interest in the property No. D-29A, Hauz Khas, New Delhi-110016. The statements made by learned counsel for the parties are accepted by this Court and the parties are held bound the same. Consequently, present suit and pending applications are disposed of as satisfied.

Since the present case has been settled, Registry is directed to issue a certificate authorising the representative of the plaintiff to receive back from the Collector the entire amount of Court-fee paid by it in respect of the present suit.

Order dasti to both the parties.

MANMOHAN, J JULY 14, 2017 js