Dlf Qutub Enclave Complex Educational Charitable Trust & ORS v. Ardee Housing Pvt. Ltd. & ANR

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 564/2017 DLF QUTUB ENCLAVE COMPLEX EDUCATIONAL CHARITABLE TRUST & ORS ..... Plaintiffs Through:

Mr. Rajiv Nayyar, Sr. Adv. with Ms.

Meghna Mishra, Mr. Rohan Sharma Mr. Kartik Nayar, and Mr. Ankit Rajgarhia, Advocates.

versus ARDEE HOUSING PVT. LTD. & ANR ..... Defendants Through:

Mr. Ashok Chhabra, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 09.04.2018 I.A.No. 4513/2018 (U/o 23 Rule 3 CPC filed by parties) & CS(OS) 564/2017 1.

This is a joint application filed by the parties under Order 23 Rule 3 CPC. The application is signed by the parties and supported by the respective affidavits.

Application is also signed by the counsels for the parties. The Memorandum of Settlement entered into between the parties on 14.3.2018 has been annexed.

2.

Accordingly, though no decree is passed in the suit in terms of the Memorandum of Settlement dated 14.3.2018, but it is recorded that

parties will be bound by the terms of the Memorandum of Settlement dated 14.3.2018.

This Court is also informed that parties have acted upon the terms of the Memorandum of Settlement.

3.

Since the suit is withdrawn by a settlement before commencement of evidence, plaintiffs are held entitled to refund of 50% of the court fees as per Section 16-A of the Court Fees Act and Registry will issue the necessary certificate in favour of plaintiff no.1. 4.

I.A and suit alongwith pending applications stand disposed of. VALMIKI J. MEHTA, J APRIL 09, 2018 ib