(Kurian Joseph and Hemant Gupta, JJ.)
IDBI Trusteeship Services Ltd. _____________________ Appellant
v.
Hubtown Ltd. __________________________________ Respondent
Civil Appeal No. 11260 of 2018 [Arising out of SLP No. 2844/2017], decided on November 22, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The appellant approached this Court challenging the order dated 24.10.2016 passed by the High Court in Commercial Appeal No. 7 of 2016. Though the parties have raised a serious question of law, having sensed that there is an element of settlement, we requested Mr. R. Basant, learned senior counsel for assistance, who has graciously accepted the same. We are informed that the mediation has been successful. The parties have settled their disputes. A Memo on the consent terms has been produced, duly signed by the parties and their counsel. The same shall form part of the decree.
3. The appeal is disposed of in terms of the consent. Pending applications, if any, stand disposed of.
4. In terms of the settlement, Summary Suit No. 776/2014 and 105/2015 pending before the High Court of Bombay are disposed of.
5. We direct the parties to abide by the terms of settlement. We also direct the parties to file a compliance report before Registrar (Judl) of this Court on 28.1.2019. We fix the Mediator’s fee of the learned Mediator as Rs. 5,00,000/- (Rs. five lakh) which shall be equally borne by the parties.
6. We record our sincere appreciation for the arduous work of assisting the parties to settle the dispute. Since learned Mediator Mr. Basant has graciously declined to take any remuneration for mediation, we direct the parties to deposit the amount with the Supreme Court Employees Mutual Welfare Fund, within a period of two weeks.
Petition(s) for Special Leave to Appeal (C) No(s). 2844/2017
IDBI Trusteeship Services Ltd ________________________ Petitioner
v.
Hubtown Ltd ______________________________________ Respondent
Date : 22-11-2018 This petition was called on for hearing today.
(Before Kurian Joseph and Hemant Gupta, JJ.)
Mr. R. Basant, Sr. Adv.
For Petitioner(s) Mr. Mohit Bakshi, Adv.
Mr. Pallavi Kumar, Adv.
Mr. Divyam Agarwal, AOR
For Respondent(s) Mr. Ashok K. Aggarwal, Adv.
Mr. Ejaz Maqbool, AOR Mr. Mudit Sharma, Adv.
Ms. Tanya Shree, Adv.
Mr. Kurwar Aditya Singh, Adv.
Mr. Parwez Alam, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeal is disposed of in terms of signed nonreportable judgment.
———
