Citicorp & Anr. vs Data Base Computers (P) Ltd.
2015 Latest Caselaw 8166 Del

$~31
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 132/2004
       CITICORP & ANR.                              ..... Plaintiffs
                         Through : Ms. Nancy Roy, Advocate

                         versus

       DATA BASE COMPUTERS (P) LTD.              ..... Defendant
                     Through : Mr. T.P.S.Kang and Mr.A.S.Khurana,
                     Advocates

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 29.10.2015

I.A. No.22813/2015 (joint application u/O XXIII R 3 CPC)

1. The present application has been filed jointly by the parties

stating inter alia that they have been able to negotiate an out of court

settlement. 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 in view of the said

undertakings, the plaintiffs have given up the relief of damages.

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

arrived at between the parties, the suit may be decreed.

3. The Court has pursued the present application. The same has

been signed by the authorized representatives of the plaintiffs and by

the defendant No.2 for defendant No.1 company and defendant

No.3(wife), as also by the counsels for the parties. The application is

supported by the affidavits of the signatories to the application.

4. As counsels for the plaintiffs and the defendant jointly state that

their clients 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 present application.

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

recorded in the present application, while leaving the parties to bear

their own costs.

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

7. The date of 18.11.2015 stands cancelled.

File be consigned to the record room.

HIMA KOHLI, J OCTOBER 29, 2015 mk