Dismissed

A2 Interiors Products Pvt. Ltd. v. Mr Rahul Bhandari & Ors.

Delhi HC21 Oct 2024CS(COMM)/555/2021

Case brief

AI extract

What is this about?

Suit for recovery of money was settled in mediation; defendants paid Rs 2 crores as full and final settlement, partly by cheque handed over in court. Court found the settlement lawful and permitted withdrawal.

What did the court decide?

Permission to withdraw suit subject to realisation of cheque; suit dismissed as withdrawn, interim order vacated, pending applications disposed of.

A2 Interiors Products Pvt. Ltd. Vs Mr Rahul… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 555/2021, I.A. 14342/2021, I.A. 17613/2021 & I.A. 2340/2022

¶4

A2 INTERIORS PRODUCTS PVT LTD .....Plaintiff

¶5

Through: Mr. Mohit Chaudhary, Mr. Kunal Sachdeva and Ms. Vaishali Shukla, Advocates

¶6

versus

¶7

MR RAHUL BHANDARI & ORS. .....Defendants Through: Mr. Prosenjeet Banerjee, Ms. Shreya Singhal, Mr. Santosh Sachin, Ms. Aanchal Kapoor and Mr. Deepak Singh Rawat, Advocates

¶8

CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

¶9

O R D E R % 21.10.2024

¶10

I.A. 42850/2024 (under Order XXIII Rule 3 CPC filed by the plaintiff)

¶11

The present suit has been filed by the plaintiff seeking recovery of Rs.5,97,09,531/- against the defendants.

¶12

During the pendency of the proceedings, the parties were referred to the mediation under the aegis of Delhi High Court Mediation & Conciliation Centre, wherein they arrived at a settlement, terms whereof have been reduced into writing in the form of Settlement Agreement dated 30.07.2024, a copy of which has been annexed with the present application.

¶13

In terms of the said Settlement Agreement, the defendants have agreed to pay a sum of Rs. 2 crores to the plaintiff as full and final settlement of all claims and pending disputes.

¶14

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 12:00:09

¶15

Out of the aforesaid settlement amount, a sum of Rs. 80 lacs has already been paid by the defendants to the plaintiff at the time of quashing of FIR by the High Court of Judicature at Allahabad.

¶16

The balance amount of Rs. 1,20,00000/- has been paid by the defendants by way of cheque bearing no.000186 drawn at HDFC Bank, South Extension Branch, New Delhi-110049 to the plaintiff in the court today, the receipt of which is acknowledged by the plaintiff, who is present in the Court. 6. The learned counsel for the plaintiff submits that since the cheque for balance settlement amount has been paid, he seeks to withdraw the present suit subject to the realisation of the aforesaid cheque.

¶17

A perusal of the Settlement Agreement dated 30.07.2024 shows that the same is lawful, therefore, there is no impediment in allowing the plaintiff to withdraw the present suit in terms of the Settlement Agreement dated 30.07.2024, subject to the realisation of the aforesaid cheque.

¶18

In view of the above, the suit is dismissed as withdrawn. Interim order passed by this Court stands vacated. Pending applications, if any, are also disposed of.

¶19

VIKAS MAHAJAN, J

¶20

OCTOBER 21, 2024/ PU

¶21

This is a digitally signed order.

¶22

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/10/2024 at 12:00:09

A2 Interiors Products Pvt. Ltd. v. Mr Rahul Bhandari & Ors.

Case brief

What is this about?

What did the court decide?

A2 Interiors Products Pvt. Ltd. v. Mr Rahul Bhandari & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Blue Heaven Cosmetics Private Limited Vs Bhcosmetics Llc

Calvin Klein Trademark Trust Vs Mr. Bhagat & Ors.

Sun Pharmaceutical Industries Limited Vs Synergic Pharma through Mr Sumir Kumar Proprietor & Anr.

Designarch Infrastructure Private Limited Vs Lotus Greens Constructions Private Limited & Anr.

Castrol Limited & Ors. Vs Mr. Rejaul Hoque & Anr.

Kunj Bihari Food Processors Private Limited Vs Shree Shakambari Rice Mill Private Limited & Ors.

Rathi Foundation Vs Lakshmanveer Steel (P) Ltd. & Others

Texzone Information Services Pvt. Ltd. Vs Vision Communications & Anr.

Jagdish Chander Suneja Vs Subhash Chander Suneja & Ors.

Manishi Saxena Bansal Vs Exl Services.Com (India) Pvt. Ltd.

Designarch Infrastructure Private Limited Vs Lotus Greens Constructions Private Limited & Anr.

Shri Feroze Varun Gandhi Vs Godavari Shilpkala Pvt. Ltd.

Manoj Bajaj & Anr. Vs Harish Bajaj & Ors.

B.M. Gupta and Sons (Huf) Vs Anmol India Dairy and Foods LLP & Ors.