Solar Sales India vs Sailors Corporation & Anr.
2015 Latest Caselaw 8763 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1897/2015 & IA No.13229/2015
       SOLAR SALES INDIA                          ..... Plaintiff
                      Through : Mr. Sanjeev Singh, Advocate

                         versus

       SAILORS CORPORATION & ANR.               .... Defendants
                     Through: Ms.Sony Kumari, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 24.11.2015

I.A. 24206/2015 (joint application u/O XXIII R 3 CPC)

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

inter alia that during the pendency of the suit, they have arrived at an

out of court settlement, the terms and conditions whereof have been

recorded therein.

2. Counsel for the plaintiff states that in view of the

acknowledgement and undertakings given by the defendants, the

plaintiff does not wish to press for the relief of damages and rendition

of accounts against them. Counsels for the parties state that the

settlement recorded in the application be taken on record and request

that the suit may be decreed in terms thereof.

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

been signed by the partner of the plaintiff firm and the proprietor of

the defendants No.1 & 2 as also their respective counsels. The same is

supported by the affidavits of the signatories to the application.

4. As the 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 recorded in the application.

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. 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 24, 2015 mk