J.R Rice India Private Limited vs Gyan Prakash Sahu
2015 Latest Caselaw 5490 Del

$~8
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 415/2014 & IA No.2760/2014

       J.R RICE INDIA PRIVATE LIMITED                     ..... Plaintiff
                        Through : Mr. Nikhil Sachdeva, Advocate

                         versus

      GYAN PRAKASH SAHU                          .... Defendant
                    Through : Mr. S.K. Bansal, Advocate
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 31.07.2015 I.A. No.15329/2015 (joint application u/O XXIII R 3 CPC)

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

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

settlement during the pendency of the suit proceedings.

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

in para 3 of the application, whereunder the defendant has given a

series of undertakings to the plaintiff company and in terms of the said

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

relief of damages, etc., against the defendant.

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 Director of the plaintiff/company and the proprietor

of the defendants No.1 and 3 and the Director of the defendant

No.2/company as also by 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 defendant 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 para 3 the application, while leaving the parties to bear

their own expenses.

7. The application is allowed and the suit is disposed of, along with

the pending application.

8. File be consigned to the record room.

HIMA KOHLI, J JULY 31, 2015 sk