M/S Yonker Skats Pvt Ltd vs Rajindr Singh & Ors
2015 Latest Caselaw 4898 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 98/2015 & IA No.13410/2015
      M/S YONKER SKATS PVT LTD                        ..... Plaintiff
                    Through : Mr. D.K. Yadav, Advocate

                        versus

      RAJINDR SINGH & ORS                       ..... Defendants
                    Through : Mr. S. Kumar, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 10.07.2015 I.A. 13410/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the present suit, they have

arrived at an out of court settlement.

2. Counsels for the parties state that in terms of the settlement

arrived at between the parties, the defendants have given certain

undertakings to the plaintiff, as set out in paras 8 to 11 of the

application and in consideration of the said undertakings, the plaintiff

has agreed not to press for the reliefs at prayer clause 37(b) to (e) of

the plaint. They state that a decree may be passed in favour of the

plaintiff and against the defendants in terms of prayer clause (a) of

the plaint and in terms of the aforesaid settlement.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the Director of the plaintiff and the partner of the defendant firm,

alongwith their respective counsels and is duly supported by the

affidavits of the signatories.

4. As counsels for the parties 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 said settlement. 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 and prayer clause (a) of the plaint, while

leaving the parties to bear their own expenses.

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

7. File be consigned to the record room.

HIMA KOHLI, J JULY 10, 2015 sk/ap