Citation : 2021 Latest Caselaw 18461 Raj
Judgement Date : 3 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 384/2021
1. Costar Group Inc., A Corporation Registered Under The Laws Of The State Of Delaware And Having Its Principal Place Of Business At 1331 L Street, Nw, Washington, District Of Columbia 20005, United States Of America.
2. Co Star Realty Information, Inc., A Corporation Registered Under The Laws Of The State Of Delaware And Having Its Principal Place Of Business At 1331 L Street, Nw, Washington, District Of Columbia 20005, United States Of America. (Plaintiffs)
----Appellants Versus
1. Arcgate Teleservices Private Limited, A Company Incorporated Under The Companies Act, 2013 Having Its Registered Office At G1-10 I.t. Park, Madri Industrial Area, Udaipur, Rajasthan 313001.
2. M/s Arcgate, A partnership firm having registration no.17/26/78/2005 and having its registered office at G- 11 I.T. Park, Madri Industrial Area, Udaipur, Rajasthan 313001
----Respondents
For Appellant(s) : Mr M.S.Singhvi Sr. Advocate assisted by Mr Muktesh Maheshwari Mr Aidan Choudhary Mr Nishit Shah For Respondent(s) : Mr Vikas Balia Mr Falgun Buch Mr Prateek Gattani Mr Karan Lahiri (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE ARUN BHANSALI
Judgment / Order
03/12/2021
(2 of 3) [CMA-384/2021]
This appeal has been filed by the appellants aggrieved
against the order dated 23.03.2021 passed by Commercial Court,
Udaipur, whereby the prayer of the appellant for grant of ex parte
ad interim injunction was declined.
An application has been filed by the parties under Order
XXIII Rule 3 CPC seeking passing of a compromise decree based
on the settlement arrived at between the parties.
By order dated 26.11.2021, the record of the suit
No.29/2021 from the Commercial Court, Udaipur was summoned,
which has been received.
Learned counsel for the parties made submissions that
as the parties have settled their dispute mutually, which has been
reduced in the consent terms and permanent injunction filed as
Annexure-A/1, the suit itself along with the present appeal may be
decided in terms of the said settlement arrived at between the
parties.
In the circumstances of the case, wherein the parties in
the present appeal are seeking disposal of the suit pending before
the Commercial Court, Udaipur, exercising powers under Section
24 CPC, the Civil Original Suit No.29/2021 along with pending
applications is withdrawn to this Court.
In view of the submissions made, the suit and pending
applications are disposed of in terms of the settlement/
compromise arrived at between the parties annexed as Annexure-
A/1 to the application filed under Order XXIII Rule 3 CPC. The
(3 of 3) [CMA-384/2021]
decree be drawn. The consent terms and permanent injunction
shall form part of the decree.
The present appeal also stands disposed of.
Information regarding disposal of the suit be sent to
the Commercial Court, Udaipur.
(ARUN BHANSALI),J (VIJAY BISHNOI),J
1-masif/-PS
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