High CourtsSingle Bench

H.P. Housing & Urban Development Authority vs M/S Kapil Construction

High Court Of Himachal Pradesh · Decided on 4 May 2026 · Citation: (2026) 05 SHI CK 0780

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
Commercial Arbitration Case No. 13 Of 2026
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Judgment

9 paragraphs · 366 words

Sandeep Sharma, J

OMP No.1466 of 2025

1.

By way of instant application, factum of compromise arrived inter se parties has been placed on record. Averments contained in the application, which is duly supported by way of affidavit, reveals that parties to the lis have decided to settle the matter amicably whereby respondent has agreed to receive sum of ₹9,37,687/- as full and final settlement of the claim. It has also been agreed between the parties that after receiving a sum of ₹9,37,687/-, the Award passed by the learned Arbitrator shall stand satisfied and respondent shall not claim any amount over and above the said amount.

2.

Petitioner has deposited sum of ₹11,50,553/- in this Court, which is lying in fixed deposit. Out of the said amount and the interest accrued thereupon till date, sum of ₹9,37,687/- can be ordered to be released in favour of respondent, as has been fairly stated by learned counsel respondent, on instructions from the respondent-Mr. Abhishek Bansal, and remaining amount along with interest is to be released to the petitioner/applicant.

3.

Factum of compromise, as detailed hereinabove, is taken on record and parties to the lis are permitted to settle their dispute amicably in terms of compromise, as detailed in the application. Application stands disposed of.

CARBC No.13 of 2026

4.

Learned counsel representing the parties fairly stated that on account of amicable settlement arrived inter se them, as detailed in earlier part of the order, nothing remains to be adjudicated in the instant proceedings and the same can be disposed of.

5.

In view of the above, present petition is disposed of and sum of ₹9,37,687/- is ordered to be released in favour of respondent and remaining amount along with up to date interest is ordered to be released in favour of petitioner by remitting the same in its bank account, details whereof shall be furnished by its counsel within a period of one week. It is further ordered that in view of aforesaid settlement, award passed by the learned Arbitrator is deemed to be satisfied and thereafter no claim of either of the parties shall survive/sustain in any manner.

Pending application(s), if any, shall also stand disposed of.