M/S Sweeton Foods Pvt Ltd vs M/S Grv Confectionry & Foods Pvt ...
2015 Latest Caselaw 5128 Del

$~29
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1912/2014 & IA No.2085/2015
       M/S SWEETON FOODS PVT LTD                       ..... Plaintiff
                     Through : Mr. D.K. Yadav, Advocate

                         versus

       M/S GRV CONFECTIONRY & FOODS PVT LTD       ..... Defendant
                     Through : Mr. H.P. Singh, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 17.07.2015 IA No.14167/2015 (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 a series of

undertakings to the plaintiff, as set out in paras 9 to 15 of the

application and in consideration of the said undertakings, the plaintiff

has agreed not to press for the reliefs at prayer clause 34(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)(i) &

(ii) of the plaint and the 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 Directors of the plaintiff and the defendant companies, along with

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)(i) & (ii) 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 17, 2015 sk/ap