Citation : 2009 Latest Caselaw 925 Del
Judgement Date : 20 March, 2009
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No. 2536/2008
% Date of Decision: 20.03.2009
Jaipur IPL Cricket Pvt. Ltd. .... Plaintiff
Through: Mr. Anish Dayal, Advocate.
Versus
Mr. Kamlesh Goel & Anr. .... Defendants
Through: Ms. Meghna Mishra and Mr. Jatin Monga,
Advocates.
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.3754/2009 in CS(OS) No.2536/2008
This is an application by the parties for decreeing the suit in
terms of the compromise dated 18th March, 2009 arrived at between the
parties.
A photocopy of the settlement agreement incorporating the terms
of the settlement has been filed with the application. The original
settlement dated 18th March, 2009 has been filed in the Court which is
taken on record.
Under the settlement, defendant No. 2, Bajaj Allianz Life
Insurance Company Ltd., has agreed to pay a sum of Rs. 4.25 Crores to
the plaintiff after deducting the TDS.
As has been agreed between the parties, the said amount has
been paid today in the Court by Cheque No. 461983 dated 17th March,
2009, drawn on Axis Bank Ltd., Bund Garden Road, Ashoka Galaxy,
Pune- 411 001 in favour of Jaipur IPL Cricket Pvt. Ltd. The cheque has
been accepted by the counsel for the plaintiff in full and final settlement
of all the claims of the plaintiff against the defendants.
The defendants have also agreed that their relationship under the
MOU dated 31st March, 2008 with the plaintiff has been terminated and
extinguished and defendant No. 2 has agreed not to represent himself
as having any association, in any manner or form whatsoever with
plaintiff. The parties have also agreed to issue a common statement to
the Media in terms of annexure-A annexed with the settlement dated
18th March, 2009.
The application is signed by Mr. Satyen Saraswat, Authorized
Signatory of the plaintiff and by defendants No. 1 and 2 and their
respective counsels and is also supported by the affidavit of Mr. Satyen
Saraswat, Authorized Signatory of the plaintiff and Authorized
Signatory of the defendant No. 2 and defendant No. 1.
There does not seem to be any impediment in allowing the
application. The settlement arrived at between the parties is exhibited
as Ex. P-1.
Consequently, the application is allowed and the suit of the
plaintiff be decreed in terms of Ex. P-1, a photocopy of which is filed
with the application and original of which has been filed in the Court.
The application stands disposed of.
CS(OS) No.2536/2008
The disputes between the parties have been settled. The parties
have filed an application for decreeing the suit in terms of the
settlement dated 18th March, 2009 which is Ex. P-1. The application
being IA No.3754/2009 has been allowed.
Consequently, the suit of the plaintiff is decreed in terms of the
settlement dated 18th March, 2009, arrived at between the parties
which is Ex. P-1. Decree sheet be drawn where Ex. P-1 shall form part
of the decree. All the pending applications are also disposed of and
parties are left to bear their own costs.
A copy of this order be given dasti to learned counsel for the
parties.
MARCH 20, 2009 ANIL KUMAR, J. sb
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