Raghubir Saran Charitable Trust vs Raymond Ltd.
2015 Latest Caselaw 8267 Del

$~9.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3480/2014 and I.A. 22571/2014
     RAGHUBIR SARAN CHARITABLE TRUST          ..... Plaintiff
                   Through: Mr. Simran Mehta, Advocate

                       versus

     RAYMOND LTD.                                   ..... Defendant
                       Through: Mr.Parthiv J.Mehta, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 02.11.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation & Conciliation Centre, a Settlement Agreement dated

30.10.2015 has been filed whereunder, the defendant has agreed to

remove the Board, described as Board No.1 in Annexure A-1, enclosed

therewith, on or before 3.11.2015. Counsels for the parties jointly

state that due to bonafide inadvertence, the photographs of Boards

No.5 & 6 have not been enclosed with Annexure A-1. They hand over

a duly signed copy of the document reflecting the screenshots of

Boards No.5 & 6, which is taken on record.

2. Counsels for the parties state that in view of the fact that the

defendant has agreed to remove Board No.1, no further dispute

survives for adjudication and the suit may be decreed in terms of the

settlement.

3. The Court has perused the Settlement Agreement dated

30.10.2015. The same has been signed by the Secretary of the

plaintiff/trust and the authorized representative of the defendant and

their respective counsels as also by the learned Mediator. Enclosed

with the Settlement Agreement are the photographs of boards

displayed by the defendant at the suit premises, which are six in

number as reflected from the screenshots of the suit premises taken

from different angles. As agreed by the parties, the defendant shall

continue displaying Boards No.2 to 6, reflected in the screenshots,

collectively enclosed with the Settlement Agreement as Annexure A-1.

Board No.1 shall however be removed by the defendant by 3.11.2015.

4. As the counsels for the plaintiff and the defendant 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 Agreement. The parties shall remain bound by the terms

and conditions of the settlement arrived at between them.

5. The Settlement Agreement dated 30.10.2015 is taken on record.

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

therein readwith Annexure A-1, while leaving the parties to bear their

own expenses. Decree sheet be drawn accordingly.

6. The suit is disposed of, along with the pending application.

File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 02, 2015 mk/rkb