Parul Foods Specialities (P) Ltd & ... vs Jitender Chadha & Anr
2015 Latest Caselaw 3300 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CS(OS) 482/2013 & IA No.4176/2013

                                                Decided on : 23.04.2015

IN THE MATTER OF:
PARUL FOODS SPECIALITIES (P) LTD & ANR                ..... Plaintiffs
                   Through : Mr. H.P. Singh, Advocate

                        versus

JITENDER CHADHA & ANR                           ..... Defendants
                   Through : Mr. Neeraj Jain, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)

I.A. 8239/2015 (joint application under Order XXIII R 3 CPC)

1.

The present compromise application has been filed by the parties

stating inter alia that during the pendency of the suit proceedings, they

have arrived at an out of court settlement in respect of the suit

premises. The terms and conditions of the settlement have been set

out in para 2 of the application.

2. Counsel for the plaintiffs states that in view of the undertakings

given by the defendants to the plaintiffs, the plaintiffs have agreed to

give up their claim for rendition of accounts and damages against the

defendants. He further states that in view of the comprehensive

settlement arrived at between the parties, nothing further survives for

adjudication in the suit and the same may be decreed.

3. The Court has pursued the present application. The same has been

signed by the constituted attorneys of the plaintiffs and the defendants

and their respective counsels. The application is also supported by the

affidavits of the signatories of the application.

4. As counsels for the plaintiffs and the defendants jointly state that

their clients have arrived at the aforesaid settlement of their own free

will and volition and without any undue influence or coercion from any

quarters, there appears no legal impediment in accepting the same. The

parties shall remain bound by the terms and conditions of the settlement

recorded in the application.

5. The suit is decreed in terms of the settlement arrived at and

recorded in the application, while leaving the parties to bear their own

costs.

6. The suit is disposed of, along with the pending application.

7. File be consigned to the record room.

                                                        (HIMA KOHLI)
APRIL 23, 2015                                             JUDGE
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