Shantisarup Sachdeva v. Sudarshan Kumar Mahajan

1. Theplaintiffclaimsdecreeforspecific performanceofan agreemententered into with the defendant on 10.06.2006.

2. I,eamed counsel for the defendant. Mr. R.M. Bagai submits that during the pendencyofproceedingsin thesuit,the partieshavearrived atasettlement wherebythe P I would withdraw the suit on receipt of an agreed amount of Rs.67.00.000/-, Learned counsel has handed-over two cheques (Nos. 410448 dated 19.01.2010 for iis.oS.OO.OOO/- and 423066 dated 19.01.2010 for Rs.14.00,000/-,drawn on HDl-'C Bank Lid. No.2212,Gal. No.64-65,J-Block,Naiwala.Gurudwara Road,Karol Bagh,New ■lielhi-lIO 005) in favor of Mr. Arun Malhotra and the plaintiff, respectively. Ihe cheques have been issued by Mr. Kaiiash Gupta, [who is the plaintiff in CS (OS) 438/2009] andonhis behalf, whereas a decree for specific performanceclaimedagainst the same defendant,i.e.Mr. SudarshanKumarMahajan. Learned counsel for thedefendant submits that withthereturnof thesaidamount according to the understanding and settlement arrived at by the parties, the plaintiff would withdraw the suit. Learned counsel for the plaintiff submits that the statement 2010:DHC:10257 made by the defendant through his counsel is correct. He further submits that the suit may be dismissed as withdrawn; the plaintiff is present. His statement has been recorded separately.

4. In the light ofthe above statements by the counsel for parties(i.e. the plaintiffand defendant),and the fact that the amount agreed has been tendered through cheques today, as well as in the light of the deposition ofthe plaintiff, CS(OS)2348/2007 is dismissed as withdrawn.

S.RAVINDRA BHAT,J JANUARY 19,2010 'ajk'