M/S Mind Nexgentech Ltd vs M/S Green Max Systems And Anr
2015 Latest Caselaw 105 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                    CS(OS) 961/2014

                                               Decided on: 08.01.2015

IN THE MATTER OF
M/S MIND NEXGENTECH LTD                      ..... Plaintiff
                  Through: Mr. Prem Ranjan Kumar, Advocate
                  with Mr. Arun Kumar Malik, AR of the
                  plaintiff.

                         versus


M/S GREEN MAX SYSTEMS AND ANR                  ..... Defendants
                   Through: Mr. A.G. Garg, Advocate with
                   Mr. M.N. Singh, Advocate for D-2.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

I.A. 259/2015 (joint application u/O XXIII R 3 CPC)

1. The present application has been jointly filed by the parties

stating inter alia that they have arrived at an out of court

settlement in respect of the suit instituted by the plaintiff for

recovery of `27,91,145.21 paise alongwith interest.

2. Counsels for the parties state that the terms and conditions of

the settlement have been recorded in para 2 of the application,

whereunder the defendant No.2 has agreed to pay a sum of

`6,25,000/- to the plaintiff in full and final settlement of all its claim

against both the defendants. Further, the defendant No.2 has

agreed to pay a sum of `30,000/- to the plaintiff towards litigation

costs.

3. When the matter was listed on 07.01.2015, learned counsels

for the parties had jointly stated that the defendant No.1, who is

appearing in person, was on his way from Bhopal to Delhi but his

train had got delayed. Today, learned counsel for the defendant

No.2 states that the defendant No.1 had meet him last evening and

had handed over two drafts for`6,25,000/- and `30,000/-

respectively but due to an emergency, he had to return to Bhopal

yesterday itself. Draft No.234939 dated 03.11.2014 for `625,000/-

and draft No.345217 dated 19.11.2014 for `30,000/-, both drawn

on Punjab National Bank, Habibganj, Bhopal, MP, in favour of the

plaintiff are handed over by the counsel for the defendant No.2 to

the counsel for the plaintiff and duly accepted.

4. The Court has perused the present application. The same has

been signed by the counsel for the plaintiff and the authorised

representative of the defendants No.1 and 2. The same is supported

by the affidavits of the authorised representatives of the plaintiff

and the defendants No.1 and 2. As the counsels for the parties

jointly state that the parties have arrived at an out of Court

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. The

application is allowed and the suit is decreed in terms of the

settlement.

5. The suit is disposed of alongwith the pending application.

                                                 (HIMA KOHLI)
                                                    JUDGE
JANUARY       8, 2015
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