Sh. Subhash Kochhar And ANR v. Sh. Jagmohan Kohli And ANR
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 230/2017 SH. SUBHASH KOCHHAR AND ANR ..... Plaintiffs Through Mr.Rishu Kant Sharma, Advocate.
versus SH. JAGMOHAN KOHLI AND ANR ..... Defendants Through Mr.Rohan Sharma, Advocate for D-1.
Mr.Rajiv Kumar Ghawana, Advocate for D-2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 13.12.2017 I.A.No.14844/2017 Present joint compromise application has been filed under Order XXIII Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiffs and defendants as well as by the parties to the litigation. Present application is also supported by the affidavits of the plaintiffs and the defendants. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present application.
Both the learned counsel further assure and undertake to this Court that the parties shall comply with the terms mentioned in the present compromise application.
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 present compromise application and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with the terms mentioned in the present compromise application, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly and refund the amount of Rs.50 lakhs to the plaintiffs along with interest (lying deposited by the plaintiffs with the Registry of this Court) within a period of one week.
Registry is also directed to issue to the plaintiffs a certificate authorizing them to receive back from the Collector the full amount of the court fee paid by them in the present suit. With the aforesaid observations, present application is allowed and the suit stands disposed of. The interim order dated 22nd May, 2017 stands vacated.
The next date of hearing i.e. 18th December, 2017 stands cancelled.
List the matter before the Registrar General of this Court on 21st December, 2017 for refund of Rs.50 lakhs along with the interest accrued thereon.
MANMOHAN, J DECEMBER 13, 2017 KA