Hua Seng Chew & ANR v. Mahesh Kumar Gandhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1103/2018 & I.A. 16093/2018 HUA SENG CHEW & ANR ..... Plaintiffs Through:

Ms.

Pritha Srikumar Iyer, Advocate.

versus MAHESH KUMAR GANDHI ..... Defendant Through:

Mr. Rajiv Bajaj & Ms. Sagrika Wadhwa, Advocates alongwith Defendant in Person.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 13.03.2020 1.

Pursuant to the earlier orders passed by the Court, the parties have arrived at a settlement. A settlement agreement dated 13.03.2020 has been signed. The original agreement is produced and taken on record. 2.

The agreement is signed on behalf of the plaintiffs by their constituted attorney Mr. Saurabh Sharma. Power of attorney executed by plaintiff no. 1 in favour of Mr.Sharma has already been placed on record vide diary no. 130047/2018. A special power of attorney executed by plaintiff no. 2 in favour of Mr. Sharma has been produced. Learned counsel for the plaintiffs undertakes to file the original power of attorney within two weeks. The settlement agreement is also signed by the defendant. Learned counsel for the parties have signed as witnesses. CS(COMM) 1103/2018

3.

In view of the settlement between the parties, statements of the constituted attorney of the plaintiffs and of the defendant have been recorded separately.

4.

Learned counsel for the parties request that the suit be disposed of in terms of the settlement agreement dated 13.03.2020. 5.

Having regard to the submissions of the counsel and materials placed on record, there is no impediment for passing of a decree as sought. It is so ordered. Decree sheet be prepared accordingly. The settlement agreement dated 13.03.2020 will be attached to the decree. 6.

In view of the fact that the suit has been settled prior to the commencement of trial, the plaintiffs are entitled to refund of 50% of court fees under Section 16A of the Court Fees Act, 1870. The Registry will issue a certificate to this effect.

7.

The suit and pending applications are disposed of in these terms. PRATEEK JALAN, J MARCH 13, 2020 „pv‟/s CS(COMM) 1103/2018