This order records a settlement jointly moved by the parties under Order XXIII Rule 3 CPC. The court accepted the fair terms, disposed of the suit binding the parties, and granted a 50% refund of court fees as the settlement occurred at the pre-trial stage.
Suit disposed of per settlement; 50% refund of court fees granted to plaintiff.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~24.
Through: Mr. Manik Dogra, Advocate.
versus
JITENDER SINGH AND OTHERS ..... Defendants Through: Mr. Archit Upadhayay, Advocate.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 06.04.2016
I.A. No. 4437/2016
This application has jointly been moved by the parties to record their settlement under Order XXIII Rule 3 CPC. The application has been signed by the parties and their respective counsel. It is also supported by the affidavits of Ms. Pallavi Verma (Associate Vice President – HR of the plaintiff company), Mr. Jitender Singh (defendant No.1), Mr. Mukesh Kumar (defendant No.2), Mr. Sunil Kumar (defendant No.3), Mr. Birender Kumar (defendant No.4), Mr. Sunny Goel (defendant No.5), Mr. Surender Kumar Gupta (defendant No.6), Mr. Anish Kumar (defendant No.7) and Mr.Sanju S. Mohan (defendant No.8). The terms of settlement appear to be fair, just and reasonable and there is no impediment in accepting the same.
Accordingly, the suit stands disposed of in terms of the said settlement, which shall continue to bind the parties.
Since the suit has been settled at pre-trial stage, the plaintiff shall be entitled to refund of 50% of the Court Fees.
VIPIN SANGHI, J APRIL 06, 2016 B.S. Rohella
2 issues framed by the court
Whether the suit can be disposed of by a recorded settlement under Order XXIII Rule 3 CPC.
Whether the plaintiff is entitled to refund of court fees upon pre-trial settlement.
1 provisions across 1 enactments
Q2A SERVICES PRIVATE LIMITED
JITENDER SINGH AND OTHERS
VIPIN SANGHI
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
