Regular first appeal disposed of after the appellant withdrew it in terms of a settlement dated 1 December 2023 reached before the Delhi High Court Mediation & Conciliation Centre; the application under Order XXIII Rule 3 CPC was allowed and the appeal stood disposed of.
Permission to withdraw the appeal granted; appeal disposed of in terms of the settlement.
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$~116
UPINDER KUMAR
.....Appellant
Through: Mr.Amitesh Gaurav, Advocate with Mr.Satender Kumar, Attorney holder of the appellant.
versus
RAJ BALA ..... Respondent Through: Mr.Mahesh Katyayen, Advocate with respondent in person
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R % 04.03.2024
CM APPL No.13445/2024
The present application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the appellant seeking withdrawal of the present petition, i.e., RFA no. 268/2023 in terms of the settlement dated 1st December, 2023 arrived at between the parties before the Delhi High Court Mediation & Conciliation Centre.
Learned counsel appearing on behalf of the respondent whilst affirming the factum of settlement arrived at between the parties does not oppose the prayer made on behalf of the appellant.
For the reasons stated in the application and no objection on behalf of the respondent, the same is allowed.
The CM APPL No. 13445/2024 stands disposed of.
This is a digitally signed order.
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RFA 268/2023
The matter is listed for the date 11th March, 2024 and taken up today in view of the order of even date in CM APPL No. 13445/2024 seeking withdrawal of the suit in terms of the settlement dated 1st December, 2023 having been arrived at between the parties before the Delhi High Court Mediation & Conciliation Centre.
Mr.Satender Kumar, the Attorney holder of the appellant and the respondent are present in person. In reply to a specific Court query, they both affirm the factum of an amicable settlement having been arrived at between the parties. They also undertake to abide by the terms and conditions of the settlement dated 1st December, 2023 and the same is taken on record.
In view of the above, the instant appeal thus stands disposed of. The date 11th March, 2024 stands cancelled.
CHANDRA DHARI SINGH, J
MARCH 4, 2024 SV/RYP
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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 07/03/2024 at 11:37:56
2 provisions across 1 enactments
Upinder Kumar
Raj Bala
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
