Rajokri New Green Farms ... vs M/S. Leaflet Plantations Pvt. ...
2014 Latest Caselaw 3826 Del

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                       Date of decision: 20th August, 2014


+     CS(OS) 1293/2010
RAJOKRI NEW GREEN FARMS ASSOCIATION(REGD)..... Plaintiff
         Through: Mr.Bhuvan Gugnani & Mr.Anshul Garg, Advs.

                        versus

M/S LEAFLET PLANTATIONS PVT LTD & OTHERS..... Defendants
         Through: Mr.Sanjay Manchanda, Adv. for D-1 & D-2.
         Mr.Ashwani, Adv. for D-3 & D-4.

CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI


G.S.Sistani, J.(Oral)


IA No.13560/2014

1.    This is an application under Order XXIII Rule 3 CPC which has

been filed by the defendants No.1 and 2. Kuldeep Sharma, the Executive

Director of the plaintiff who is present in Court submits that he has

entered into an amicable settlement with the defendants No.1 and 2. He

further submits that he has perused IA No.13560/2014 and he is agreeable

that the present suit may be decreed in terms of the application and the

sale deeds in his favour may be declared null and void. He submits that

he has also signed the compromise/MOU dated 30.05.2013 executed

between the plaintiff and defendants No.1 & 2 as also one Mr.Ramesh

CS(OS) 1293/2010                               Page 1 of 2
 Aggarwal. He identifies his signatures on this MOU which is marked as

Ex.C-1. It is pointed out by counsel for the plaintiff and defendants No.1

and 2 that in terms of the settlement arrived at, the sale deed executed in

favour of the plaintiff is liable to be cancelled as it was executed as a

security for the amounts advanced by the plaintiff to the defendants No.1

and 2. The amount paid has been received back by the plaintiff in terms

of three cheques totalling to Rs.9,66,525/-. Counsel for the defendants

assures that the cheques will be encashed on presentation.

2.    Counsel appearing for defendants No.3 and 4 submits that he has

no objection to the settlement.

3.    As prayed, the present suit is decreed in terms of Ex.C-1 which is

the Memorandum of Understanding signed between the parties.



                                                         G.S.SISTANI, J.

AUGUST 20, 2014 dkb