Lalitagera v. Nandlal

Delhi High Court · 16 May 2013 · 2013:DHC:7136
Veena Birbal
W.P.(C) 7665/2010
2013:DHC:7136
civil appeal_allowed

AI Summary

The Delhi High Court disposed of a writ petition by recording and enforcing an out-of-court settlement between the parties, modifying the impugned award accordingly.

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/> $-9 HIGH COURT OF DELHI
W.P.(C) 7665/2010
LALITAGERA
Through: Mr. Satender Venna, Adv.
VERSUS
NANDLAL
Through: None
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
16.05.2013 W.P.(C) No.7665/20in ^ CM No.42Q1/10l^
CM No.4291/2013 is an application wherein it is stated that parties have settled the matter out of court. It is stated that the claims of the respondent/workman have been settled for asum of ^40,000/- pursuant to settlement and the said payment has been given to him by way ofdemand draft, the details ofwhich have been given in the terms ofsettlement.
The application for disposing ofthe present writ petition in terms of the settlement is signed by both the parties. Earlier the affidavit of respondent was not annexed with this appHcation. However, the affidavit of respondent is submitted today in the court which is taken on record.
Notice ofthe settlement application was sent to the respondent as well as his counsel. However, despite notice having been served on the respondent as well as his counsel, no one had appeared on their behalf on
W.P.(C) 7665/2010
Page 1 of2 Respondent 2013:DHC:7136 7.5.2013 and on the said date the matter was adjourned for today.
Even today, no one has appeared on behalf of the respondent. It appears respondent has nothingto say in the matter.
There isno reason todisbelieve the averments made inthe application aswell assettlement agreement annexed with the said application.
In view ofabove, the application stands allowed.
The settlement is taken on record. The impugned award stands modified interms ofsettlement between the parties.
The petition standsdisposed of.
CMNos.19930/2010.19931/2010 & 19952/2011 In view of the order on the main petition, no further orders are required on these applications.
The same stand disposedof.
Registry to send the copy ofthis order tothe respondent athis address given in the memo ofparties.
VEENABIRBAL, J MAY 16,2013 kks
W.P.(C) 7665/2010 Page 2of2
2013:DHC:7136
JUDGMENT