Naresh Kumar Kasera v. Arun Kasera & Ors

ORDER %

28.05.2013 L-LA. No.9157/2013 in CSfOS) No.1164/2011 (of D-2 for disposal of suit) I & LA. No,9145/2013in CS(OS) No.1165/2011(of D-2&3 for disposal of suit)

¶1Three persons identifying themselves as Mr. Ashok Kumar Kasera (defendant No.l in CS(OS) No.1164/2011), Mr. Krishan Kumar Kasera (defendant No.3 in CS(OS) No.1165/2011) and Mr. Anupam Kasera CS(OSJ1164/2011& CS(OS)1165/2011 Page1 of3 Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. (defendantNo.2 in CS(OS)No.1165/2011and husbandof defendantNo.2 in CS(OS) No.1164/2011)appear. These applicationsaccompaniedwith copy of this SettlementAgreement dated 13^^ May, 2013 stated to have been signedbefore the MediationCell of this Court in pursuanceto referenceto the said Cellby ordersin these suitshave been filed for disposalof the suits in terms of the said Settlement Agreement.

¶2None appearsfor Mr. NareshKumar Kasera, the plaintiffin both the suits.

¶3A perusalof the SettlementAgreement,copy of which is annexedto the applications, shows Mr. Naresh Kumar Kasera to have agreed to withdraw both the suits owing to the Compromise/Settlement as recorded in the said Settlement Agreement.

¶4Need is not felt to adjourn the suits awaiting Mr. Naresh Kumar Kasera or to keep the suits pending since the Settlementhas been arrived before the Mediation Cell of this Court and is shown to be signed by all the parties including Mr. Naresh Kiimar Kasera and the Advocates for the partiesaswell as by Mr. Amit Saxena,Mediator.

¶5The applications are accordingly allowed and both the suits are disposed of in terms of the SettlementAgreementdated 13^^ May, 2013 which shallformpart of the decreesheet. Partiesto beartheirown costs.

¶6It is also a tenn of the Settlement Agreement that the sum of Rs.4 lakhs lying deposited in the Court in CS(OS) No.1165/2011 is to be withdrawnalong with interestaccrued thereon. All the personsaforesaid, who are present, state that the said sum of Rs.4 lakhs with interest be ordered to be releasedequally in favour of Mr. Anupam Kasera and Mr. CS(OS)1164/20J1&CS(OS) U65/20J1 2of3 * Krishan Kumar Kasera.

¶7Ordered accordingly.

¶8The next date of 27^^ July, 2013 before the Joint Registrar is cancelled. MAY 28, 2013 bs.. CS(OS)1164/2011&CS(OS)1165/2011 RAJIV SAHAI ENDLAW, J Page 3 of3

$-36 & 37 * IN THE HIGH COURT OF DELHI AT NEW DELHI\ 36+ CS(OS) 1164/2011 NARESH KUMAR KASERA Plaintiff Through: None. Versus ASHOK KUMAR KASERA & ORS Defendants Through: D-1 in person. AND * 37+ CS(OS) 1165/2011 NARESH KUMAR KASERA Plaintiff Through: None. Versus ARUNA KASERA & ORS Defendants Through: D-2&3 in person. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAIENDLAW