Rare Hospitality And Services Private Limited v. Cushman & Wakefield Property Management Services India Pvt.Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 983/2016 RARE HOSPITALITY AND SERVICES PRIVATE LIMITED ..... Petitioner Through:

Mr. Shivek Trehan and Mr. F. Ahmad Khan, Advocates.

versus CUSHMAN & WAKEFIELD PROPERTY MANAGEMENT SERVICES INDIA PVT.LTD ..... Respondent Through:

Counsel along with Mr. Manuj Sharma, Associate Director/Authorised representative of the respondentcompany.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 10.04.2017 Learned counsel appearing on behalf of the parties, state in unison, that the underlying dispute that led to the institution of the present petition has been amicably settled by and between the parties. The terms and conditions of the settlement are enshrined in the Deed of Declaration/Undertaking cum Settlement dated 07.04.2017, which is exhibited as 'Exhibit- C1'. The aforesaid settlement dated 07.04.2017 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, without demur. Counsel appearing on behalf of the respondent-company states that in pursuance of the aforesaid settlement dated 07.04.2017 the following post dated cheques have been handed over to the petitioner in court today:- Cheque no.

Dated Drawn on Amount 671098 31.05.2017 The Hongkong and Shanghai Banking Corporation Ltd., 25 Rs.10,00,000/-

Barakhamba Road, New Delhi- 110 001.

671099 31.07.2017 - doRs.11,07,454/- 671102 30.06.2017 - doRs.10,00,000/- Mr. Manuj Sharma, the authorized representative of the respondentcompany, who is present in court, undertakes that the cheques shall be duly honoured and sufficient funds shall be maintained in the account at all relevant times. The said undertaking is accepted.

In view of the aforesaid settlement, learned counsel appearing on behalf of the petitioner seeks leave to withdraw this petition with liberty to revive the same in the event the terms of the settlement are not complied with by the respondent-company.

Leave and liberty granted. The petition is dismissed as withdrawn and disposed of accordingly.

SIDDHARTH MRIDUL, J APRIL 10, 2017 mk