Jagmohini Sangwan & Anr vs Puran Chand Kaushal
2017 Latest Caselaw 1253 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 266/2017 & C.M. Nos.9291-92/2017
      JAGMOHINI SANGWAN & ANR                    ..... Appellants
                   Through: Mr. Atul Bandhu, Advocate with
                   Mr. Shailja Chauhan, Advocates with appellant
                   No.1 in person.

                          versus

      PURAN CHAND KAUSHAL                                  ..... Respondent
                  Through: None.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 07.03.2017

1. The present appeal has been filed by the appellants/defendants against the impugned judgment dated 27.8.2016, passed by the learned trial court in a suit for recovery of Rs.19.50 lakhs instituted by the respondent/plaintiff towards damages for malicious prosecution.

2. The trial court has partly decreed the said suit in favour of the respondent/plaintiff for a sum of Rs.6 lakhs, by taking a note of the fact that the parties had entered into a settlement in terms of a MOU dated 04.2.2015 (Ex.DW1/PA) whereunder, the appellants/defendants and the respondent/plaintiff had agreed to bury their inter se disputes including several cross litigations on the appellants paying a sum of Rs.16 lakhs to the respondent. Out of the said agreed amount, Rs.10 lakhs was paid by the appellants but the balance amount of Rs.6 lakhs remained unpaid.

3. After addressing arguments for some time, learned counsel for the appellant states on instructions that he does not wish to press the present appeal.

4. In view of the aforesaid submission, the present appeal is dismissed as withdrawn alongwith the pending applications.

HIMA KOHLI, J MARCH 07, 2017 ap/rkb