Mr. Amit Sinha v. Bptp Ltd.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.PET. 1083/2016 MR. AMIT SINHA ..... Petitioner Through:

Mr. Praful Jindal, Advocate along with the petitioner-in-person versus BPTP LTD.

..... Respondent Through:

Mr. Manish Sharma, Advocate with Mr.

Ninad Dogra, Advocate

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 17.03.2017 Learned counsel appearing on behalf of the parties, state in unison, that the underlying dispute that led to the institution of the present petition has been amicably settled by and between the parties by way of an out of Court settlement.

In pursuance to the aforesaid out of Court settlement, learned counsel appearing on behalf of the respondent-company has handed over a cheque bearing No.130146, dated 17.03.2017, drawn on Axis Bank, New Delhi Branch, in the sum of Rs.12,36,884/- in favour of the petitioner, towards the first instalment.

Learned counsel appearing on behalf of the respondent-company has handed over another cheque bearing No.130147 dated 17.04.2017, drawn on Axis Bank, New Delhi, in the sum of Rs.12,36,883/- towards the full and final settlement of all the outstanding dues.

Mr. Praful Jindal, learned counsel appearing on behalf of the petitioner accepts the proposal made on behalf of the respondent-company in the out of Court of settlement and undertakes to return the Flat Buyers Agreement, entered into by and between the parties during the course of the day, today. Learned

counsel appearing on behalf of the petitioner accepts the above said cheques, subject to their encashment.

Mr. Manish Sharma, learned counsel appearing on behalf of the respondent-company undertakes that they shall maintain sufficient funds in the account from which the aforesaid cheques have been issued, to ensure that the same are duly encashed and honoured on their presentation. The said undertaking is accepted.

The parties shall abide by the terms and conditions of the said out of court settlement, without demur.

In view of the foregoing, learned counsel appearing on behalf of the petitioner seeks leave to withdraw this petition. Leave granted.

The petition is dismissed as withdrawn and disposed of accordingly. SIDDHARTH MRIDUL, J MARCH 17, 2017 dn