Regus Business Centre(Delhi) Pvt Ltd v. O.P. Katyal & Ors

ORDER

31.05.2013 The parties have settled their disputes in the following terms and conditions:-

(i) Payment of maintenance charges by plaintiff at prevalent rates w.e.f. U' April, 2013.

(ii) All the defences open to defendant No.2 can be availed by said defendant. It is also open to the plaintiff to raise all its contentions in accordance with law.

(iii) ABW Infrastructure Ltd., defendant No.l being not a proper party, is to be deleted.

(iv) Plaintiff to withdraw two petitions (OMP & ARB.) and suit will be continued for adjudication of disputes.

(v) Plaintiff to sign Maintenance Agreement with defendant No.2 within 7 days from the date of order.

(vi) Defendant No.2 not to disconnect electricity or deprive the plaintiff of facilities provided to plaintiff on account of non-payment of maintenance charges as demanded by defendant No.2 for the period between January, 2008 till 3U^ March, 2013, which are subject matter of adjudication in the present suit.

(vii) For future default, if any, the defendant No.2 to be at liberty to take action in terms of the Maintenance Agreement. In view of the above said tenns and conditions, the petitioner. Regus Business Centre (Delhi) Pvt. Ltd. seeks to withdraw the Arb P No 499/2012 and OMP No.576/2011. As prayed, both the petitions are dismissed as withdrawn. However, the suit being CS(OS) No.2906/2011 will survive. All the pending applications in both the petitions also stand disposed of being infructuous. The interim order as passed on 4" August. 2011 in OMP No.576/2011 is substituted in view of the tenns and conditions mentioned above. ^ List the suit being CS(OS) No.2906/2011 before the roster Bench on 6 August. 2013, subjeet to orders from Hon'ble the Judge Incharge (Original Side). Copies of this order be given dasli to the learned counsel for the parties, under the signatures of the Court Master. may 31, 2013/ka

J * HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 499/2012 & I.A.No.2083/2013 REGUS business CETNRE(DELHI) PVT ltd Petitioner Through Mr.Rajiv Nayar, Sr.Adv. with Mr.Sujoy Kuinar & Mr.Arindam Ghose, Advs. versus ABW infrastructure ltd & ORS Respondents Through Mr.B.K.Sood, Adv. with Mr.Dinesh Kumar & Mr.Archit Vasudeva, Advs. forR-1 &R-2. Ms.Bina Gupta, Adv. for R-3 to R-5. + CS(OS) 2906/2011 & I. A.No. 18690/2011 REGUS BUSINESS CETNRE(DELHI) PVT LTD ..... Petitioner Through Mr.Rajiv Nayar, Sr.Adv. with Mr.Sujoy Kumar & Mr.Arindam Ghose, Advs. I versus ABW INFRASTRUCTURE LTD & ORS Through Mr.B.K.Sood, Adv. with Mr.Dinesh Kumar & Mr.Archit Vasudeva, Advs for D-1 & D-2. Ms.Bina Gupta, Adv. for D-3 to D-5. + O.M.P. 576/2011 & I.A.N0S. 13390/2011 & 15318/2011 REGUS BUSINESS CETNRE(DELHI) PVT LTD Petitioner Through Mr.Rajiv Nayar, Sr.Adv. with Mr.Sujoy Kumar & Mr.Arindam Ghose, Advs. s^l. 'A versus ABW INFRASTRUCTURE LTD & ORS Respondents Through Mr.B.K.Sood, Adv. with Mr.Dinesh Kumar & Mr.Aichit Vasudeva, Advs. for R-1 & R-2. Ms.Bina Gupta, Adv. for R-3 to R-5. % CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH