Jagmohini Sangwan & ANR v. Puran Chand Kaushal

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 266/2017 & C.M. Nos.9291-92/2017 JAGMOHINI SANGWAN & ANR ..... Appellants Through: Mr. Atul Bandhu, Advocate with Mr. Shailja Chauhan, Advocates with appellant No.1 in person.

versus PURAN CHAND KAUSHAL ..... Respondent Through: None.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 07.03.2017 1.

The present appeal has been filed by the appellants/defendants against the impugned judgment dated 27.8.2016, passed by the learned trial court in a suit for recovery of Rs.19.50 lakhs instituted by the respondent/plaintiff towards damages for malicious prosecution.

2.

The trial court has partly decreed the said suit in favour of the respondent/plaintiff for a sum of Rs.6 lakhs, by taking a note of the fact that the parties had entered into a settlement in terms of a MOU dated 04.2.2015 (Ex.DW1/PA) whereunder, the appellants/defendants and the respondent/plaintiff had agreed to bury their inter se disputes including several cross litigations on the appellants paying a sum of Rs.16 lakhs to the respondent. Out of the said agreed amount, Rs.10 lakhs was paid by the appellants but the balance amount of Rs.6 lakhs remained unpaid. RFA 266/2017 Page 1 of 2

3.

After addressing arguments for some time, learned counsel for the appellant states on instructions that he does not wish to press the present appeal.

4.

In view of the aforesaid submission, the present appeal is dismissed as withdrawn alongwith the pending applications. HIMA KOHLI, J MARCH 07, 2017 ap/rkb RFA 266/2017 Page 2 of 2