M/S Lal Chand & Brothers vs Unknown
2021 Latest Caselaw 3866 HP

                             REPORTABLE/NON-REPORTABLE
          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                              .
                       ON THE 12th DAY OF AUGUST, 2021





                                       BEFORE
                HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
                 REGULAR SECOND APPEAL No.249 of 2020





    Between:-


     M/S LAL CHAND & BROTHERS,





     RESIDENT OF VILLAGE RANI-KI-BAIN,
     PO GUTKAR, TEHSIL SADAR,
     DISTRICT MANDI HP THROUGH ITS
     PROP.SH.LAL CHAND, AGED 49
     YEARS.
                     r                                                ....APPELLANT

    (BY SH. DIBENDER GHOSH, ADVOCATE)

    AND
     1. STUDIO WORKSHOP PVT. LTD.


        3/1, LGF NEHRU ENCLAVE EXTN.
        NEW DELHI-110019,THROUGH
        ITS DIRECTOR, SH.BRIJESH PARMAR




     2. BRIJESH PARMAR,
        S/O SH.SURENDER PAUL PARMAR





        R/O BINDRABANI, PO DUDAR,
        TEHSIL SADAR, DISTRICT MANDI(H.P.)
                                                                ...RESPONDENTS





    (BY SH. G.R. PALSARA , ADVOCATE)

    This Appeal coming on for orders this day, Hon'ble Mr.Justice Vivek
    Singh Thakur, delivered the following:


                                 JUDGMENT

Learned counsel for parties submit that matter

has been amicably settled between the parties. For placing

the compromise on record, an application CMP No. 9192 of

2021 has also been filed, which is duly supported by affidavits

of parties. Copy of compromise has been placed on record as

.

Annexure A-1 along with application.

2 The application CMP No. 9192 of 2021 is allowed

and compromise deed is taken on record. The compromise

reads as under:-

"1. That the parties to this agreement shall

file a joint application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure before the Hon'ble High Court

for bringing on record the compromise

arrived between the parties.

2. That the parties of the First Part have received the amount and adjusted the

decree as amicably settled by the parties to this agreement and willing to abandon their

claim.

3. That the parties of the First Part have

agreed that they will not file any execution petition of the decree passed in Civil Suit

No. 172 of 2016 and titled as Studio Workshop Pvt. Ltd. and another versus M/S Lal Chand and Brothers by the learned Civil Judge, Mandi, H.P......."

3 In view of above, present appeal is allowed in

terms of compromise and impugned judgment passed by

learned Senior Civil Judge, Mandi in Civil Suit No. 172 of 2016

titled Studio Workshop Pvt. Ltd. and another vs. M/s Lal Chand

and brothers, affirmed by learned District Judge, Mandi in Civil

.

Appeal No. 05 of 2019, titled M/s Lal Chand and Brothers vs.

Studio Workshop Pvt. Ltd. and another is set aside and suit is

decreed in terms of compromise. The compromise shall be

part of decree. Registry to prepare the decree accordingly.

The Court fee, as permissible under Rules, be

also stand disposed of.

r to refunded to appellant. Pending miscellaneous application(s)

August 12,2021 (Vivek Singh Thakur) (ms) Judge