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High Court of DelhiW.P.(C)/9920/2018

Noida Software Technology Park Ltd v. Pradeep Kumar Mittal & ANR

2019-03-07Hon'Ble Ms. Justice Rekha Palli2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9920/2018 & C.M. No.38661/2018 (for stay) NOIDA SOFTWARE TECHNOLOGY PARK LTD..... Petitioner Through:

Mr.Asif Ahmed, Adv.

versus PRADEEP KUMAR MITTAL & ANR ..... Respondents Through:

R-1 & 2 in person.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 07.03.2019 1.

Learned counsel for the petitioner states that during the pendency of the present petition, the petitioner has settled the matter amicably with the respondents and pursuantly, the parties have executed a Memorandum of Settlement on 02.02.2019. He further submits that since, in terms of the said Memorandum of Settlement, the respondents have undertaken not to seek execution of the impugned orders dated 25.07.2016 and 05.07.2018 passed by the learned authority under the Delhi Shops and Establishment Act and have in fact already withdrawn their execution petition filed before the Evening Court No.3, Patiala House Courts in Complaint Case No.596/3M/16, he has instructions not to press the present petition. 2.

The respondent nos.1 and 2 are present in Court and concede that they have entered into a settlement with the petitioner on

02.02.2019. They also reiterate that they will not claim any amount under the impugned orders. The respondents will remain bound by their statement. The writ petition is therefore, disposed of as not pressed.

3.

At this stage, learned counsel for the petitioner states that the petitioner had deposited a sum of Rs.4,96,299.20/- with the Registrar General of this Court in terms of order dated 19.09.2018. He, therefore, prays that the said amount be refunded back to the petitioner along with upto date accrued interest. The respondents do not have any objection to the said prayer.

4.

Accordingly, the Registry is directed to release the aforesaid amount of Rs.4,96,299.20/- along with upto date interest accrued thereon in favour of the petitioner.

5.

The petition is disposed of in the aforesaid terms along with the pending application.

REKHA PALLI, J MARCH 07, 2019 gm