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2023 Supreme(Del) 4304
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Prasant & Ors. – Appellants
Versus
Government of NCT of Delhi & Ors. – Respondents
W.P.(C) 397 of 2023 & CM APPL. 6406 of 2023
Decided On : 25-05-2023
Important Points
Subject
Civil Law - Settlement and Dismissal
Headnote
Withdrawal of Writ Petition - Settlement Agreement - Finality of Financial Commissioner's Order
Fact of the Case:
The petitioner sought to withdraw the matter as it had been settled. The respondent's counsel stated that if the petition was withdrawn, the order of the Financial Commissioner would stand restored and attain finality.
Finding of the Court:
The court dismissed the writ petition as withdrawn and directed the parties to abide by the terms of the Settlement Agreement.
Issues:
Ratio Decidendi: The court emphasized the finality of the Financial Commissioner's order upon withdrawal of the writ petition and the implementation of the Settlement Agreement.
Final Decision: The writ petition was dismissed as withdrawn, and the parties were directed to abide by the Settlement Agreement.
Ms. Manisha Saroha with Ms. Anjana, Advocates, for the Petitioners.
Mr. S.N. Gupta, Advocate, for the Respondent No.2 and 3.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. Learned counsel appearing for the petitioner submits that she has instructions to withdraw the present matter, as the matter has been settled.
2. Learned counsel appearing for respondent no. 2 and 3 submits that since the present petition was impugning the order dated 01.11.2022 passed in Appeal No. 323/2018, titled as Arvind Kumar Aggarwal & Anr. Vs Prashant & Anr. passed by the Court of Financial Commissioner, the said order of learned Financial Commissioner shall stand restored, if the present petition is withdrawn.
3. Needless to say, once the present writ petition has been withdrawn, the order of the learned Financial Commissioner shall attain finality and would be implemented accordingly.
4. Parties are directed to abide by the terms of the Settlement Agreement between them.
5. The present writ petition is accordingly dismissed as withdrawn.
6. The date of 14.07.2023 stands cancelled.
