Smt Sanjana Kapoor And Others vs M/S Dalmia Resorts International ...
2015 Latest Caselaw 8405 Del

$~11.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    EX.P. 257/2009
     SMT SANJANA KAPOOR AND OTHERS            ..... Decree Holders
                   Through: None

                       versus

     M/S DALMIA RESORTS INTERNATIONAL PVT LTD
                                        ..... Judgement Debtor
                   Through: None

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 05.11.2015

1. The present petition was adjourned sine die vide order dated

29.10.2009, to await the decision of the Division Bench in RFA(OS)

88/2009, an appeal preferred by the Judgment Debtor against the

order dated 09.02.2009, passed in CS(OS) 1944/2000, whereunder

the suit instituted by the Decree Holders/plaintiffs for recovery of

money was decreed in their favour.

2. The order dated 01.10.2012 passed by the Division Bench in

RFA(OS) 88/2009 entitled "M/s Dalmia Resorts International Pvt. Ltd.

vs. Sanjana Kapoor and Anr." has been downloaded from the internet.

The same reveals that the parties were able to negotiate a settlement

and had filed a copy of the Compromise Deed alongwith CM

17203/2012, an application filed by the Judgment Debtor/appellant in

the appeal proceedings.

3. In view of the compromise entered into by the parties, the

appeal was disposed of by the Division Bench while directing the

parties to withdraw their respective litigations initiated against each

other. However, no steps have been taken by the Decree Holder's to

approach the Court for the past three years for seeking withdrawal of

the present petition.

4. In view of the order dated 01.10.2012 passed in RFA(OS)

88/2009, it appears that nothing further survives for adjudication in

the present petition, which is accordingly disposed of with liberty

granted to the parties to approach the court for seeking revival of the

petition, if necessary, as per law.

HIMA KOHLI, J NOVEMBER 05, 2015 rkb/ap