The Management of Chordia Techno Consultants v. Kamlesh Prasad Gaur

1. The present application has been jointly filed on behalf of the petitioner and the respondent, under the principles of Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), for disposal of the present petition, in terms of the Memorandum of Settlement dated 14th July, 2026, executed between the parties.

2. It is submitted that the parties have mutually settled all their disputes, arising out of the Award dated 05th April, 2022, passed in New ID NO. 7228/16, by the Additional District and Sessions Judge, POLC-V, Rouse Avenue District Courts, New Delhi.

3. It is further submitted that in terms of the Memorandum of Settlement dated 14th July, 2026, the petitioner has agreed to pay, and the respondent has agreed to receive, a sum of Rs. 11,00,000/- (Rupees Eleven Lacs), as a one-time full and final settlement amount, towards the full satisfaction of the respondent’s claims towards dues of any kind.

4. The respondent, Mr. Kamlesh Prasad Gaur, is present in person before this Court, and has been handed over a Demand Draft of Rs. 10,00,000/- (Rupees Ten Lacs), which he has duly received, vide Demand Draft NO. 026639, drawn on HDFC Bank, dated 21st July, 2026. He also confirms the fact that he has already received a sum of Rs. 1,00,000/- (Rupees One Lac), in cash, from the petitioner.

5. He further confirms the fact that he has entered into the Memorandum of Settlement dated 14th July, 2026, out of his own volition and without any pressure or coercion from any side.

6. Learned counsel appearing for the petitioner submits that the amount of Rs. 42,24,387/- (Rupees Forty Two Lac Twenty Four Thousand Three Hundred Eighty Seven), which was deposited by the petitioner in terms of the order dated 30th April, 2025, passed in the present proceedings, be released in favour of the petitioner, along with the accrued interest.

7. The respondent, who is present in person before this Court, submits that he has no objection to the same.

8. Learned counsel appearing for the petitioner further submits that the Recovery Notice dated 28th February, 2025, issued by the Assistant Collector, Grade1/II/Sub-Divisional Magistrate (Kalkaji), New Delhi, also be quashed in view of the settlement agreement arrived at between the parties.

9. Considering the submissions made before this Court, it is directed as follows:

(i) The Memorandum of Settlement dated 14th July, 2026, executed between the parties, is taken on record.

(ii) The parties are held bound by the same and shall abide by the terms, thereof.

(iii) The amount of Rs. 42,24,387/- (Rupees Forty Two Lac Twenty Four

Thousand Three Hundred Eighty Seven), as deposited by the petitioner in compliance of the order dated 30th April, 2025 passed by this Court, in the present proceedings, shall be released to the petitioner, along with the interest that has accrued, thereof.

(iv) The petitioner/his representative is directed to approach the Registry of this Court, in this regard.

(v) On account of the settlement between the parties, the Recovery Notice dated 28th February, 2025, issued by the Assistant Collector, Grade-I/II/Sub- Divisional Magistrate (Kalkaji), New Delhi, against the petitioner, is hereby, quashed.