14 * o/ /o IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2348/2007 SHANTI SARUP SACHDEVA p, • , Plaintiff Through : Mr. R.K. Sachdeva, Advocate versus SUDARSHAN KUMAR MAHAJAN f , , ,, Defendant CORAM- n Advocate IION'BLE MR. JUSTICE S. RAVINDRA BHAT ORDER 19.01.2010 1. The plaintiff claims decree for specific performance of an agreement entered into with the defendant on 10.06.2006. 2. I,eamed counsel for the defendant. Mr. R.M. Bagai submits that during the pendency of proceedings in the suit, the parties have arrived at a settlement whereby the P I would withdraw the suit on receipt of an agreed amount of Rs.67.00.000/-, Learned counsel has handed-over two cheques (Nos. 410448 dated 19.01.2010 for iis.oS.OO.OOO/- and 423066 dated 19.01.2010 for Rs.14.00,000/-, drawn on HDl-'C Bank Lid. No. 2212, Gal. No.64-65, J-Block, Naiwala. Gurudwara Road, Karol Bagh, New ■lielhi-lIO 005) in favor of Mr. Arun Malhotra and the plaintiff, respectively. I he cheques have been issued by Mr. Kaiiash Gupta, [who is the plaintiff in CS (OS) 438/2009] and on his behalf, whereas a decree for specific performance claimed against the same defendant, i.e. Mr. Sudarshan Kumar Mahajan. Learned counsel for the defendant submits that with the return of the said amount according to the understanding and settlement arrived at by the parties, the plaintiff would withdraw the suit. Learned counsel for the plaintiff submits that the statement Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified made by the defendant through his counsel is correct. He further submits that the suit may be dismissed as withdrawn; the plaintiff is present. His statement has been recorded separately. 4. In the light of the above statements by the counsel for parties (i.e. the plaintiff and defendant), and the fact that the amount agreed has been tendered through cheques today, as well as in the light of the deposition of the plaintiff, CS (OS) 2348/2007 is dismissed as withdrawn. S. RAVINDRA BHAT,J JANUARY 19,2010 'ajk'