M/S Kirorimal Kashiram Marketing ... vs M/S Sachdeva & Sons Industries ...
2015 Latest Caselaw 3849 Del

25
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 1416/2007

      M/S KIRORIMAL KASHIRAM MARKETING AND
      AGENCIES PVT. LTD.                              Plaintiff

                        Through: Mr. Pankaj Kumar, Advocate

                        versus

      M/S SACHDEVA & SONS INDUSTRIES PVT. LTD. Defendant
                    Through: Mr. Manu Bansal, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 14.05.2015

I.A. 10185/2015 (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.

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

para 2 of the application whereunder, the defendant has given a series

of undertakings to the plaintiff and expressed its readiness and

willingness to suffer a decree in terms of para 30(a)(i), (ii) & (iii) of

the plaint. In view of the aforesaid undertakings given by the

defendant to the plaintiff and recorded in the application, the plaintiff

has agreed to give up the reliefs, as prayed for in para 30(b) to (e) of

the plaint. Counsels for the parties state that they shall remain bound

by the obligations undertaken by them and recorded in the

compromise application and request that the suit be decreed in terms

thereof.

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

been signed by the Director of the plaintiff/company and the

authorised signatory of the defendant/company. It is stated that the

parties have filed their respective Board Resolutions, authorizing the

representatives of the plaintiff and the defendant to sign the present

application. The application is supported by the affidavits of the

signatories to the application. The application has also been signed by

the counsels for the parties.

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 the application, while leaving the parties to bear their own

expenses.

File be consigned to the record room.

HIMA KOHLI, J MAY 14, 2015 mk