Thai Airways International Public Company Limited v. Nehru Place Hotels Private Limited

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 797/2017 THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED ..... Plaintiff Through Mr.Rahul D.Dhingra, Ms.Chandni Sadana and Mr.Ajay Pratap Singh, Advs.

versus NEHRU PLACE HOTELS PRIVATE LIMITED..... Defendant Through Mr.Rajender Aggarwal, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 05.12.2018 Parties have settled the matter before the Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement dated 4.10.2018. The Registry has wrongly uploaded the file of a Settlement Agreement dated 3.10.2018 pertaining to some other suit between some other parties. The Registry is directed to remove this Settlement Agreement from the file and upload the correct Settlement Agreement dated 4.10.2018 relevant to the present suit.

Learned counsel for the parties have handed over a photocopy of the Settlement Agreement dated 4.10.2018. Same is sent to the Registry for being uploaded on the file. Learned counsel for the parties also submit that in paragraph 3 clause (b) of the Settlement Agreement there is a typographical error where it is mentioned that the agreed amount shall be

paid in six monthly instalments commencing 5.10.2018 of Rs.39,19,400/-. It is stated that this amount should actually read as Rs.34,19,400/-. Paragraph 3(b) of the Settlement Agreement stands modified accordingly. It is also pointed out that two out of the six monthly instalments have already been received by the plaintiff. In view of the settlement agreement a decree is passed in favour of the plaintiff and against the defendant in terms of the Settlement Agreement dated 4.10.2018 subject to modification stated above. Parties will remain bound by the terms and conditions of the Settlement Agreement. In terms of section 16 of the Court Fees Act plaintiff shall also be entitled to refund of the Court Fees. Suit stands disposed of. All pending applications, if any, also stand disposed of.

JAYANT NATH, J DECEMBER 05, 2018 n