Indian Farmers Fertilizer Co Ltd vs Iffco
2015 Latest Caselaw 773 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+                       CS(OS) 249/2008

                                                Decided on : 28.01.2015

IN THE MATTER OF:

INDIAN FARMERS FERTILIZER CO LTD                      ..... Plaintiff
                   Through: Mr. Rajiv Bansal, Advocate with
                   Ms. Pallavi, Ms. D. Ray Choudhary and Mr. Nikhil,
                   Advocates

                        versus

IFFCO                                                   ..... Defendant
                        Through: Mr. Navroop Singh, Advocate with
                        Mr. H.P. Singh, Advocate


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)

I.A. 1913/2015 (joint application u/O 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, the parties have

arrived at an out of court amicable settlement, the terms and conditions

whereof have been reduced into writing in the Agreement dated

23.01.2015, executed by the parties and annexed with the present

application as Exhibit A-1.

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

settlement are set out in paras 1 to 11 of the Agreement and para 12 in

the Agreement has been incorporated as a dispute resolution clause.

Learned counsels state that in view of the settlement recorded in the

Agreement, nothing further survives for adjudication in the present suit,

which may be decreed in terms thereof.

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

signed by the authorized representatives of the plaintiff and the

defendant as also their respective counsels. The Agreement dated

23.01.2015 enclosed with the present application has also been signed

by the authorized representatives of the plaintiff and the defendant and

duly witnessed by two witnesses.

4. As the counsels for the plaintiff and the defendant state that they

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 Agreement. The

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

arrived at between them.

5. The suit is decreed in accordance with the terms and conditions of

the Agreement annexed with the present application and marked as

Exhibit A-1.

6. The suit is disposed of alongwith the pending application, while

leaving the parties to bear their own costs.

                                                   (HIMA KOHLI)
JANUARY 28, 2015                                      JUDGE
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