National Institute Of Electronic ... vs Delhi Sc/St/Obc ...
2015 Latest Caselaw 6879 Del

$~8.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 2444/2011
     NATIONAL INSTITUTE OF ELECTRONIC AND INFORMATION
     TECHNOLOGY                                 ..... Plaintiff
                    Through: Mr. Anil Khaware, Advocate with
                    Mr. Pramod Pandey, Advocate

                         versus

      DELHI SC/ST/OBC MINORITIES,HANDICAPPED FINANCIAL &
      DEVELOPMENT CORPORATION LIMITED (DSFDC).... Defendants
                     Through: Mr. Rajesh Baweja, Advocate for D-1
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 11.09.2015

1. On the last date of hearing, counsels for the parties had jointly

stated that talks of settlement were going on and they had prayed for

some time to report a settlement.

2. Today, counsel for the plaintiff hands over copy of an e-mail

dated 10.09.2015, addressed by the defendant No.1 to Mr. Ashok

Verma, Director of the plaintiff/company agreeing to pay a sum of

Rs.24,72,610/-, after deduction of TDS and it is stated that the

photocopy of a cheque bearing No.025437 dated 08.09.2015 drawn on

Union Bank of India, Rohini Branch issued by the defendant No.1 in

favour of the plaintiff has been enclosed with the said e-mail.

3. Counsel for the defendant No.1 states that the aforesaid cheque

shall be dispatched by his client to the plaintiff within two days.

4. While taking on record the hard copy of the e-mail dated

10.09.2015 addressed by the defendant No.1 to the plaintiff and the

photocopy of the captioned cheque, the present suit is disposed of.

5. Needless to state that if the aforesaid cheque is not received by

the plaintiff within one week or on presentation thereof, the same is

not encashed for any reason, the plaintiff shall be entitled to approach

the Court and seek revival of the suit.

6. At this stage, counsel for the plaintiff states that the plaintiff

may be issued a certificate under Section 16-A of the Court Fee Act on

the ground that an out of Court compromise has been arrived at

between the parties at the stage of arguments on the leave to defend

application.

7. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of 50% of the court fees, as per law.

8. The suit is disposed of alongwith the pending application.

9. File be consigned to the Record Room.

HIMA KOHLI, J SEPTEMBER 11, 2015 rkb/ap