Delhi High Court
Rahul Singla & Anr. vs Manish Gupta on 9 September, 2021
$~30(Original Side)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 616/2018 & I.A. 11513/2021
RAHUL SINGLA & ANR. ..... Plaintiffs
Through: Mr.Aman Bhalla, Adv.
versus
MANISH GUPTA ..... Defendant
Through: Mr. Gaurav Kejriwal & Mr.
Gaurav Choudhary, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (ORAL)
% 09.09.2021
I.A. 11513/2021 (under Order XXIII, Rules 1 & 2 of the CPC, 1908
- for withdrawal of the suit)
1. This is an application under Order XXIII, Rules 1 & 2 of the
CPC, 1908, for withdrawing the suit, as in view of the settlement that
has been arrived at between the parties. The terms of settlement, as
provided in Para 3 of the application are the following:
"During the pendency of the present proceedings, with the
intervention of family and friends, the parties i.e. the plaintiffs and the
Defendants have been able to amicably resolve their disputes and such
terms of Settlement has been recorded in a Settlement Deed dated
07.09.2021 jointly signed by the parties, which inter-alia provides as
under:
a. The Defendants have agreed to pay an amount of Rs.
11,00,000/- (Rupees Eleven Lakhs Only) to the Plaintiffs i.e. Rs.
5,50,000/- (Rupees Five Lakh Fifty Thousand) only each to
Plaintiff No.1 and Plaintiff No. 2 respectively in full and final
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:13.09.2021
16:11:44
settlement of all their claims in C.S. (OS) No. 616 of 2018
pending before the Hon'ble High Court of Delhi at New Delhi.
The Demand Drafts would be handed over by the Defendants to
the Plaintiffs before the Hon'ble High Court at the time of listing
of the Joint Application for Withdrawal of the present suit.
b. The Plaintiffs have agreed to withdraw the present suit
filed by them being C.S. (OS) No. 616 of 2018 pending before
the Hon'ble High Court of Delhi at New Delhi against the
Defendants in view of the compromise recorded herein. The
Plaintiffs agree that upon receipt of the aforesaid payment of Rs.
11 ,00,000/- the Plaintiffs shall have no claims whatsoever either
against the Defendants or in respect of the Suit Property.
c. The Parties hereto agree that the Agreement to Sell as
well as the Receipts dated March 19, 2018 and December 21,
2017 stand cancelled and the Plaintiffs agree that they have no
surviving claim, rights, title or interest of any nature in respect of
the Suit Property and right, title or interest, if any, in favour of
the Plaintiffs, stands fully extinguished, discharged, rescinded
and that the Defendants herein are free to deal with or dispose of
the said property in the manner they deem fit and proper.
d. The Plaintiff hereby agrees to forthwith withdraw C.S.
(OS) No. 616 of 2018 pending before the Hon'ble High Court of
Delhi by filing a Joint Application to bring on record the present
Settlement Deed in the present Suit and for withdrawal of the
present suit. Such application shall be filed within 3 days of
signing of the present Settlement Deed.
The said Settlement may be treated as part of the present application
and the present suit be disposed off in terms thereof. A copy of the
said Settlement Deed dated 07.09.2021 is annexed hereto as
DOCUMENT:- A-1."
2. Both sides agree to be bound by the aforesaid terms of
settlement.
3. As such, nothing survives for adjudication in the suit. The suit is
accordingly decreed in accordance with the terms of settlement set out
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:13.09.2021
16:11:44
hereinabove.
4. The Registry is directed to prepare a Decree Sheet in
accordance therewith.
5. Interim orders passed shall stand vacated.
C.HARI SHANKAR, J
SEPTEMBER 9, 2021
ss
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:13.09.2021
16:11:44
