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Delhi High Court - Orders

National Highway Authority Of India vs M/S Progressive - Mvr(Jv) on 17 March, 2023

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                          $~34
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      O.M.P. (COMM) 288/2021
                                 NATIONAL HIGHWAY AUTHORITY OF INDIA                     ..... Petitioner
                                                    Through:      Mr. Bharat Singh and Mr. Kshitiz
                                                                  Singh, Advocates

                                                    versus

                                 M/S PROGRESSIVE - MVR(JV)                              ..... Respondent
                                                    Through:      Mr. P. Harold, Proxy counsel for Dr.
                                                                  Amit George, Advocate

                                 CORAM:
                                 HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                                    ORDER

% 17.03.2023 I.A. 5275/2023 (Seeking disposal of the petition in terms of the settlement)

1. By way of this application under Section 151 of the Code of Civil Procedure, 1908, the applicant seeks the following relief:-

"I. Allow the present application for disposal of present petition in view of settlement agreement dated 21.09.2022 (Document- I);and II. Pass an appropriate order or direction as this Hon'ble court may dim fit and proper in the interest of justice."

2. Learned counsel appearing on behalf of applicant/petitioner submitted that during the pendency of the present petition before this Court, the parties herein have come to an amicable settlement on 21st September, 2022 and a Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:18.03.2023 15:21:28 settlement agreement in that regard has been executed. The same is appended as Document-1 to the application. In view of the clauses 4 and 5 of the said settlement agreement, it is submitted that the dispute pending in the present petition no longer survives and as such, the parties herein do not want to further contest the present petition before this Court. Therefore, the present petition is liable to be disposed of in terms of aforesaid settlement agreement.

3. Learned counsel appearing on behalf of respondent has no objection to the same.

4. Since the parties have reached to an amicable settlement, therefore, nothing survives in the instant matter for further adjudication. Accordingly, the application is allowed and stands disposed of in terms of the settlement agreement dated 21st September, 2022.

O.M.P. (COMM) 288/2021 In view of the order passed above in I.A. 5275/2023, nothing is left in the present petition for further adjudication. Accordingly, the petition is disposed of.

CHANDRA DHARI SINGH, J MARCH 17, 2023 Dy/@k Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:18.03.2023 15:21:28