Back
Next 
IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Lamba Construction - Appellant
Versus
Priyadarshi Progressive Educational Society - Respondent
O.M.P.(I) (COMM.) 92 of 2021, I.A. 14445 of 2021 and I.A. 14446 of 2021
Decided On : 09-11-2021
Important Points
Courts prefer amicable resolutions in disputes, allowing withdrawal of petitions when parties reach settlement.
Subject
Civil Law - Dispute Resolution
Headnote
(A) Code of Civil Procedure, 1908 - Section 151 - Exemption application - Application for withdrawal of petition in light of amicable resolution between parties allowed - Dispute settled and petition disposed of as withdrawn. (Paras 2-5)
(B) Importance of amicable resolution - Courts encourage parties to settle disputes amicably, thereby reducing judicial burden. (Para 3)
Facts of the case:
The petitioner, Lamba Construction, sought to withdraw OMP(I)(COMM) 92/2021 following an amicable resolution of the dispute with Priyadarshi Progressive Educational Society.
Findings of Court:
Exemption applications allowed, and the petition is disposed of as withdrawn upon mutual settlement.
Issues: Whether to allow withdrawal of the petition upon amicable resolution.
Ratio Decidendi: The court highlighted the significance of amicable settlements in resolving disputes and encouraged parties to withdraw applications accordingly.
Result: Application allowed; petition withdrawn.
(B) Importance of amicable resolution - Courts encourage parties to settle disputes amicably, thereby reducing judicial burden. (Para 3)
Facts of the case:
The petitioner, Lamba Construction, sought to withdraw OMP(I)(COMM) 92/2021 following an amicable resolution of the dispute with Priyadarshi Progressive Educational Society.
Findings of Court:
Exemption applications allowed, and the petition is disposed of as withdrawn upon mutual settlement.
Issues: Whether to allow withdrawal of the petition upon amicable resolution.
Ratio Decidendi: The court highlighted the significance of amicable settlements in resolving disputes and encouraged parties to withdraw applications accordingly.
Result: Application allowed; petition withdrawn.
ORDER (Oral)
I.A. 14446/2021 (under Section 151 of CPC, 1908-for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. 14445/2021 (for withdrawal of the petition)
3. By this application, the petitioner seeks leave to withdraw OMP (I) (COMM) 92/2021, as the dispute between the parties stand amicably resolved.
4. Accordingly, the application is allowed.
5. OMP (I) (COMM) 92/2021 is disposed of as withdrawn.
