National Institute of Electronic and Information Technology v. Delhi SC/ST/OBC Minorities, Handicapped Financial & Development Corporation Limited

1. On the last date of hearing, counsels for the parties had jointly stated that talks of settlement were going on and they had prayed for some time to report a settlement.

2. Today, counsel for the plaintiff hands over copy of an e-mail dated 10.09.2015, addressed by the defendant No.1 to Mr. Ashok Verma, Director of the plaintiff/company agreeing to pay a sum of Rs.24,72,610/-, after deduction of TDS and it is stated that the photocopy of a cheque bearing No.025437 dated 08.09.2015 drawn on Union Bank of India, Rohini Branch issued by the defendant No.1 in favour of the plaintiff has been enclosed with the said e-mail.

3. Counsel for the defendant No.1 states that the aforesaid cheque shall be dispatched by his client to the plaintiff within two days. 2015:DHC:7580 CS(OS) 2444/2011

4. While taking on record the hard copy of the e-mail dated 10.09.2015 addressed by the defendant No.1 to the plaintiff and the photocopy of the captioned cheque, the present suit is disposed of.

5. Needless to state that if the aforesaid cheque is not received by the plaintiff within one week or on presentation thereof, the same is not encashed for any reason, the plaintiff shall be entitled to approach the Court and seek revival of the suit.

6. At this stage, counsel for the plaintiff states that the plaintiff may be issued a certificate under Section 16-A of the Court Fee Act on the ground that an out of Court compromise has been arrived at between the parties at the stage of arguments on the leave to defend application.

7. In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of 50% of the court fees, as per law.

8. The suit is disposed of alongwith the pending application.

9. File be consigned to the Record Room. HIMA KOHLI, J SEPTEMBER 11, 2015 rkb/ap