M/S.S.K.Polymers vs M/S.Icon Cables Ltd
2009 Latest Caselaw 888 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI
+                           CS(OS) No.703/2007
%                       Date of Decision: 18.03.2009
M/s.S.K.Polymers                                                .... Plaintiff
               Through Mr.Ajay Singh, Advocate.

                                  Versus

M/s.Icon Cables Ltd                                          .... Defendant
               Through Mr.Vikas Sharma, Advocate.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be                   YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                      NO
3.   Whether the judgment should be reported in                  NO
     the Digest?

ANIL KUMAR, J.

*

IA No.3653/2009

This is an application by the parties, plaintiff and the defendant

for passing a decree in terms of the settlement arrived at between the

parties.

Under the settlement the defendant has paid a sum of Rs.4 lakhs

by banker's cheque No.047758 dated 6th March, 2009 drawn on HDFC

Bank, New Friends Colony, New Delhi which cheque has since been

encashed. The learned counsel for the plaintiff on instructions states

that the banker's cheque has since been encashed and the plaintiff

company has received Rs.4 lakhs. The said amount of Rs.4 lakhs has

been paid in full and final settlement of all the claims of the plaintiff in

the suit. The learned counsel for the defendant also states that on

receipt of Rs.4 lakhs in full and final settlement of all the claims of the

plaintiff, no amount is due from defendant to the plaintiff.

The application is signed by plaintiff and on behalf of defendant

company and is also supported by the affidavit of Sh.Karanjit Juneja,

partner of the plaintiff and Sh.P.K.Raizada, authorized signatory of the

defendant company. The application is also signed by the respective

counsel for the parties. There does not seem to be any impediment in

allowing the application. Consequently, the application is allowed.

CS(OS) No.703/2007 The parties have settled the dispute and in the settlement of

dispute an amount of Rs.4 lakhs has been paid by the defendant to the

plaintiff in full and final settlement of all the claims of the plaintiff

against the defendant company. Consequently, the suit of the plaintiff

stands satisfied. The suit is disposed of as satisfied. Parties are left to

bear their own cost. All the pending applications are also disposed of.

MARCH 18, 2009                               ANIL KUMAR, J.
"K"