M/S Gulati Shoes & Anr vs M/S Foot Print
2017 Latest Caselaw 1031 Del

$~23
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RFA 22/2017 & CMs 2921/2017 and 526/2017
       M/S GULATI SHOES & ANR                    ..... Appellants
                     Through : Mr. Subodh Kumar, Advocate

                          versus

       M/S FOOT PRINT                              ..... Respondent
                     Through : Mr. Gurmeet Singh Ahuja, Advocate
                     with Mr. Rajan Kumar in person.

    CORAM:
    HON'BLE MS. JUSTICE HIMA KOHLI
                      ORDER

% 22.02.2017 CM 7167/2017 (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 present proceedings, they have arrived at an out of court settlement, recorded in a MOU dated 21.1.2017. Though a copy of the MOU has not been enclosed with the application, counsel for the appellant hands over a copy thereof, which is taken on record.

2. It is recorded in the MOU that the parties have agreed that the appellant shall pay a sum of Rs.10.00 lacs to the respondent in full and final settlement of all its claims, subject matter of the present appeal. It has been further agreed that the aforesaid amount of Rs.10.00 lacs shall be paid to the respondent in four equal instalments. Pursuant thereto, four cheques for a sum Rs.2.50 lacs each have been handed over by counsel for the appellant to counsel for the respondent drawn in favour of Mr. Rajan Kumar, the partner of the respondent/M/S Foot Print, and are duly accepted by him.

3. Counsel for the appellant undertakes that the aforesaid cheques shall be honoured on being presented.

4. Counsel for the respondent confirms the fact that having received the aforesaid cheques for a total sum of Rs.10.00 lacs, on their encashment, nothing further is due or payable by the appellant to the respondent under the impugned judgment and decree.

5. The Court has pursued the present application as also the MOU dated 21.1.2017. The application has been signed by the proprietor of the appellant and Mr. Rajan Kumar, partner of the respondent. The same is supported by the affidavits of the signatories to the application.

6. As counsels for the appellant and the respondent 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 MOU.

7. The appeal is disposed of, along with the pending applications, in terms of the settlement arrived at and recorded in the MOU dated 21.1.2017, while leaving the parties to bear their own costs.

8. The dates already fixed in the matter, i.e., 27.2.2017, 17.3.2017 and 10.4.2017 stand cancelled.

9. File be consigned to the record room.

HIMA KOHLI, J FEBRUARY 22, 2017/sk