Kawaljeet Singh v. Mukesh Sawhney @ Mukesh Malik & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2338/2015 & I.As. 2887/2017, 13416/2017, CRL.M.A. 1275/2018 AND I.A. 12833/2018 KAWALJEET SINGH ..... Plaintiff Through: Mr. Kirti Uppal, Senior Advocate with Mr. Sidharth Chopra, Advocate with plaintiff in person.

versus MUKESH SAWHNEY @ MUKESH MALIK & ORS ..... Defendants Through: Mr. Rajat Aneja, Advocate with Ms. Chandrika Gupta, Advocate for defendants No.1, 3 and 4 with defendants No.3 and 4 in person.

Mr. P.S. Bindra, Advocate with Mr. G.S.

Patwalia, Advocate for defendant No.2 with defendant No.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.02.2019 Registry is directed to number the counter-claim filed by the defendants No.1, 3 and 4.

I.A. 3132/2019 Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation.

Present application is also supported by affidavits of the plaintiff and the defendants.

Learned counsel for parties state that the matter has been compromised in accordance with the terms mentioned in the order dated 07th February, 2019 and I.A. 3132/2019.

Today, learned counsel for defendants No.1, 3 and 4 has handed over the following bank drafts to learned senior counsel for plaintiff totalling to Rs.30 lacs (Rupees Thirty Lacs Only):- S.No. Bank Draft Number & Date Drawn On Amount 1.

335934 dated 25th February, 2019 Central Bank of India, Tilak Nagar Branch.

Rs.10,00,000/- 2.

335935 dated 25th February, 2019 Central Bank of India, Tilak Nagar Branch.

Rs.10,00,000/- 3.

335936 dated 25th February, 2019 Central Bank of India, Tilak Nagar Branch.

Rs.5,00,000/- 4.

335939 dated 26th February, 2019 Central Bank of India, Tilak Nagar Branch.

Rs.5,00,000/- Learned counsel for defendant No.2 has also handed over a cross cheque No.001899 dated 28th February, 2019 drawn on South Indian Bank Limited, Tilak Nagar, New Delhi-110018 branch for Rs.6,00,000/- (Rupees Six Lacs Only) to learned senior counsel for plaintiff. Learned counsel for defendant No.2 assures this Court that the aforesaid cheque is good for payment.

Learned counsel for the parties further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the order dated 07th February, 2019 and I.A. 3132/2019.

The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same. This Court has also perused the compromise application being I.A. 3132/2019 and is of the opinion that it is lawful. Consequently, the suit is decreed in accordance with the order dated 07th February, 2019 and I.A. 3132/2019, which is marked as Ex.C1. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representatives of the plaintiff and defendants No.1, 3 and 4 a certificate authorizing them to receive back from the Collector half the amount of the Court fees each paid by them in the present suit and counter claim respectively. With the aforesaid observations, present application is allowed and the suit and counter-claim as well as all pending applications stand disposed of.

MANMOHAN, J FEBRUARY 28, 2019 js