8853a6ad2cca0d32c6116984f0d2f40ba216b82116d915a5bd8fcc82ac7def43

Delhi High Court · 15 Jul 2011 · 2011:DHC:12983-DB
V. RAMAIT SEN; SIDDHARTH MRIDUL
CM 12550/2011-(Order XXIII Rule 3) in RFA (OS) 89/2010
2011:DHC:12983-DB
civil appeal_allowed

AI Summary

The court allowed the appeal to be disposed of on the basis of a lawful compromise between the parties, recording the settlement and dismissing all related litigation.

Full Text
Translation output
A i o
% L5.07 .2011.
Present: Mr. Mr. Sachin Datta, Advocate for the Appellant.
P.D. Gupta, Advocate for the Respondent.
CM 12550/20L1-(Order XXIII RuIe 3) in RFA (OS) 89/2010
,t< This application, under Order XXIII Rule 3 CPC, has been filed by the parties to the Appeal and their respective Counsel.
The application is supported by the affidavits of the parties. The
Compromise is Exhibit 'C'. Briefly stated, the Appellant has agreed to pay a sum of t32 lakhs in fuII and firial settlement of all the claims that the Respondent has against the Appellant, thereby bringing aII the litigation between them to an end. The parties have agreed to withdraw the litigation respectively filed by them..
We are satisfied that the compromise is lawful.
A sum of t32 lakhs have been tendered. to [he Respondent by a Banl<er's cheque bearing No.11,2756 drawn on Punjab
National Bank, Khari
.
Baoli, Delhi. The Respondent |as unequivocally accepted the payment.
Accordingly the application is allowed
/(
2011:DHC:12983-DB t
The Appeal is disposed of as compromised. Alr pending applications also stand.s disposed of, cs(os) 233/2009
The suit has been transferred to. this Bench. since the
Appeal has been compromisecl, no further ord.ers are called for in the Suit, and it be consigned to records.
}ryrhe Ex. Pet- z44l2oL0 is withdrawn by shri sanjay
Aggarwal, who is present in Court.
Dismissed as withdrawn. cs(os) 13s0/2009
CS(OS) 1350/2009 filed by the Appellant is dismissed as compromised, as prayed for by shri VUay Gupta, who is present in Court. n counter claim No. 42120i.0 filed by shri sanjay Aggarwal is also dismissed as compromised., as prayecl for.
In exercise of powers under Article 227 of the constitution of India, on the 'submission made by the complainant shri
Lo saqiay Aggarwal, who is present in court, crr. compraint
No.999/20L0 is dismissed/withdrawn in view of the cornpromise.
CRL. COMPLAINT NO.4 1 2411/20 1. O
The Appellant further prays that the complaint may be dismissed as withdrawn in view.of the compromise. ordered accordingly.
Copy of this Order be placed files.
It is likely that the Court Fee refundable. Parties are at liberty to file t_' in this betralf. on all the concerned record
) already. paid may be appropriate application r
I k4-
\/J
VII(RAMAIIT SEN, J.
LoDt
SIDDHARTH MR.IDUL, J.
July 15, 20'11 vnlo
JUDGMENT