Ruchi Soya Industries Ltd vs M/S Green Era , Foods ...
2015 Latest Caselaw 1927 Del

$~38.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3017/2011
      RUCHI SOYA INDUSTRIES LTD                  ..... Plaintiff
                    Through: Mr. Kuljeet Rawal, Advocate with
                    Mr. S.M. Gupta, authorised signatory of the
                    plaintiff in person.

                        versus

      M/S GREEN ERA , FOODS NUTRACEUTICAL & OTHERS
                                                   ..... Defendants
                     Through: Mr. Neel Kamal Mishra, Advocate for
                     Mr. Jatin Zaveri, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 04.03.2015

I.A. 4481/2015 (joint application u/O XXIII Rule 3 CPC)

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

inter alia that during the pendency of the present proceedings, they

have arrived at an out of court settlement.

2. The terms and conditions of the settlement have been set out in

para 3 of the application, whereunder the defendants have given

certain undertakings to the plaintiff and in view of the said

undertakings, the plaintiff has agreed not to press the reliefs at prayer

clauses (b), (c) and (d) of the plaint. Counsels for the parties state

that the suit may be decreed in terms of the settlement arrived at

between the parties.

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

signed by the counsels for the parties. The application is supported by

the affidavit of the authorised signatory of the plaintiff/company and a

joint affidavit of the defendants No.2 and 3, partners of the defendant

No./firm.

4. As 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.

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

recorded in the compromise application while leaving the parties to

bear their own costs.

6. File be consigned to the record room.

HIMA KOHLI, J MARCH 04, 2015 rkb