Fdc Limited vs Deepak Bahri And Anr
2015 Latest Caselaw 5441 Del

$~25
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2336/2014, CC No. _____________and
       IAs No.14583/2014, 16650/2014, 19356/2014, 24989/2014,
       7200/2015 and 10666/2015.

       FDC LIMITED                                       ..... Plaintiff
                         Through : Ms. Tanya Verma, Advocate

                         versus

       DEEPAK BAHRI & ANR                         ..... Defendants
                      Through : Mr. Sanjay Agnihotri, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 30.07.2015 I.A. No.15076/2015 (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 suit proceedings, they have

arrived at an out of court negotiated settlement.

2. The terms and conditions of the settlement have been recorded

in paras 1 to 10 of the application, whereunder the defendants have

given a series of undertakings to the plaintiff and in terms of the said

undertakings, the plaintiff has agreed that it shall not press for the

relief of damages and delivery up against the defendants.

3. Counsels for the parties jointly state that the suit may be

decreed in terms of the settlement recorded in the present application.

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

been signed by the authorized signatories of the plaintiff and the

defendant No.2 and the defendant No.1 and their respective counsels.

The application is supported by the affidavits of the signatories to the

application.

5. As the counsels for the plaintiff and the defendants jointly 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement. The terms and conditions contained in

the application shall form a part of the decree.

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

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

expenses.

7. The suit as also the counter claim are disposed of, along with the

pendi006Eg applications.

8. File be consigned to the record room.

HIMA KOHLI, J JULY 30, 2015 sk