NIDHI GUPTA J. (Oral)

CM-5458-C-2026

Prayer in the present application is for impleading the applicants as respondents in the main appeal.

Notice of the application.

Ms. Sarita, Advocate, accepts notice on behalf of non-applicant/respondent and on instructions, has no objection in case the present application is allowed.

Accordingly, the present application is allowed.

Amended Memo of Parties, annexed with the application is taken on record. The Registry is directed to tag the same at appropriate place.

RSA-1337-2018 (O & M)

Vide order dated 19.03.2026, on the joint request made by learned counsel for the parties, the matter was referred to the Mediation and Conciliation Centre of this Court with a view to explore the possibility of an amicable settlement between the parties.

A report dated 16.04.2026 has since been received from the learned Mediator, wherein it has been stated that the parties have amicably resolved their inter se dispute and have entered into a Settlement Agreement dated 16.04.2026, which stands annexed with the said report. As per the terms and conditions of the settlement, the dispute between the parties has been fully and finally settled.

Today, the parties are present in Court through their respective learned counsel and have been duly identified by them.

Learned counsel for the parties submit that the settlement has been arrived at voluntarily, without any coercion or undue influence, and the same may be taken on record and be made part of the present proceedings.

It has further been brought to the notice of this Court that in pursuance of the aforesaid settlement, a Demand Draft bearing No. 738973 dated 15.04.2026 for an amount of ₹30,00,000/- has been handed over by the respondents to the appellant, namely Gurinder Singh, who has acknowledged the receipt of the same.

Learned counsel for the appellant submits that in view of the settlement so arrived at, the present appeal has been rendered infructuous and prays for permission to withdraw the same. It is further prayed that the appellant be permitted to seek refund of any amount of balance sale consideration, if deposited before the learned trial Court, by way of an appropriate application in accordance with law.

In view of the statements made by learned counsel for the parties and the settlement arrived at between them, this Court is satisfied that the parties have amicably resolved their dispute and no dispute survives for adjudication in the present appeal.

Accordingly, the Settlement Agreement dated 16.04.2026 is taken on record and the same shall form part of this order.

The present appeal is dismissed as withdrawn in terms of the aforesaid settlement.

The appellant shall be at liberty to move an appropriate application before the learned trial Court for refund of any balance sale consideration, if so deposited, and in such eventuality, the learned trial Court shall consider and decide the same in accordance with law.

All pending applications, if any, also stand disposed of.