Tantia Constructions Limited v. NBCC India Ltd

1. This is an application under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (CPC), for disposal of the present suit in terms of the settlement arrived at between the parties. I.A. 9332/2021 (under Order XXIII, Rule 3 of the CPC, 1908, read with Section 151 of CPC, 1908)

2. The terms of settlement have been set out in Paras 4 and 5 of the application, thus: “4. That, during the pendency of this suit, the plaintiff and defendant have amicably settled and/or adjusted their said disputes and mutually agreed upon the following terms and conditions:- (a) It is agreed by the parties that, within a period of 15 days of the withdrawal of the present suit, the defendant shall release an amount of Rs. 41,23,991/against Security Deposit and an amount of Rs. 2021:DHC:2266 84,60,006/- i.e. balance appearing in the plaintiff’s ledger against RA bill/withheld amount. The details are as follows:-

┌──────────────────────────────────────────────────────────────────────────┐
│              ledger against RA bill/withheld amount.                     │
│              The details are as follows:-                                │
│          Sl No   Particular                 Amount                       │
├──────────────────────────────────────────────────────────────────────────┤
│          1       Balance S.D. Amount        Rs. 41,23,991.00             │
│          2       Withheld amount            Rs. 30,53,851.00             │
│          3       Balance        against     Rs. 54,06,155.00             │
│                  RA/Final Bills                                          │
│                  Total                      Rs. 1,25,83,997.00           │
│              (b)     Additionally, an amount of Rs. 5,56,740/-           │
│              withheld towards GST shall also be released to be           │
│              plaintiff by the defendant consequent however upon          │
│              furnishing of receipts of deposit of GST by the plaintiff   │
│              within 15 days of withdrawal of Civil Suit (Comm)           │
│              No. 63 of 2021.                                             │
│       5.      That in view of the above understanding, the plaintiff     │
│       foregoes its balance claims as mentioned in paragraph 14 of        │
│       the Plaint and the aforementioned settlement shall be              │
│       considered as full and final settlement of any/all dues of the     │
│       plaintiff arising out of the subject works.”                       │
└──────────────────────────────────────────────────────────────────────────┘

6. As the disputes stand settled between the parties and the suit is of 2021 vintage, the plaintiff shall be entitled to refund of 50 percent of the court fees deposited by it.

7. In view of the above, all the pending applications are also disposed of.

C.HARI SHANKAR, J AUGUST 2, 2021 hd/ss