Hari Niwas Gupta v. M/S Om Propmart (P) Ltd & ORS

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 52/2017 HARI NIWAS GUPTA ..... Appellant Through:

Mr. Asim Naeem, Advocate (M.

No.9811056644).

versus M/S OM PROPMART (P) LTD & ORS ..... Respondents Through:

Mr. Sanjeev Goyal, Advocate (M.

No.9810498889).

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 26.09.2018 C.M. No.39692/2018(under Order 23 Rule 3 CPC) & RFA No.52/2017 1.

This is a joint application (C.M. No.39692/2018) filed by the parties to record the settlement already entered into. The application is signed by the parties and their counsels and is also supported by the affidavits of the parties.

2.

This appeal is accordingly disposed of in view of the settlement entered into between the parties before the Delhi High Court Mediation & Conciliation Centre in terms of the written Settlement Agreement dated 12.9.2018.

Appellant has already received the payment from the

respondents and appellant lays no claim to the property no.G-186, Sector D1/P-3, Industrial Area, Tronica City, Loni, Ghaziabad (UP). 3.

Appeal is accordingly disposed of as per the agreed terms contained in the Settlement Agreement dated 12.9.2018 and the present application.

4.

Since the appeal is withdrawn before final arguments, appellant is held entitled to refund of 50% of court fee as per Section 16-A of the Court-Fees Act, 1870 (as applicable to Delhi). Registry will issue the necessary certificate in favour of the appellant. VALMIKI J. MEHTA, J SEPTEMBER 26, 2018 Ne