Chivas Holdings (Ip) Limited & ... vs Balasubramaniam M Saravanan & Ors
2015 Latest Caselaw 3852 Del

36
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1032/2012 & IAs No.6959, 14987 & 14988/2012
      CHIVAS HOLDINGS (IP) LIMITED & ORS.       Plaintiffs
                     Through: Mr. Hemant Singh, Ms.Mamta Jha,
                     Mr.Gautam Kumar, Mr.Waseem Shuaib Ahmed
                     and Mr.K.K.Nangia, Advocates
                     versus
      BALASUBRAMANIAM M SARAVANAN & ORS.        Defendants
                     Through: Mr. Karan Bajan and
                     Ms.Archana Sahadeva, Advocates
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 14.05.2015

I.A. 10241/2015 (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

paras 2 to 8 of the application whereunder, the defendants have given

a series of undertakings to the plaintiffs, as recorded in paras 2 to 7 of

the application and in view of the said undertakings, the plaintiffs have

agreed not to press for the relief of damages claimed in the present

suit. 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 of para 45(i)

& (ii) of the plaint, while leaving the parties to bear their own costs.

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

been signed by the Director of the plaintiff No.1/company and the

plaintiff No.2/ company and the authorized representative of the

plaintiff No.3/company and the constituted attorney of the defendant.

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.

4. 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.

5. 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
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