The Court deleted defendant no.2 as not a necessary party. On a settlement application, the suit was decreed after the plaintiff waived its monetary claim and handed over confidential information.
Defendant no.2 deleted; suit decreed as per settlement; pending application disposed.
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PROEC ENERGY LIMITED ..... Plaintiff
Through: Mr Abhijeet Sinha, Mr Ayush Agarwwal and Mr Vikrant Bloria, Advocates.
versus
MR AMIT KUMAR PANWAR & ANR ..... Defendants Through: Mr Nikhil Rohtagi, Advocate for D-1. Ms Gursimran Dhillon, Advocate for D-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 08.12.2016
IA No.14912/2016
This is a joint application filed on behalf of the plaintiff and defendant no.1 under Order XXIII Rule 3, inter alia, praying that the suit be decreed in terms of the settlement arrived at between the said parties.
The learned counsel for the plaintiff states that defendant no.2 is not a necessary party to the present proceedings and, accordingly, be deleted from the array of parties. It is so directed.
The learned counsel for the plaintiff as well as defendant no.1 states that in terms of the settlement arrived at between the parties, the defendant has already handed over confidential information to the plaintiff and the plaintiff has also discharged its payment obligation by paying a sum of `1.6
lacs, the receipt of which is acknowledged by defendant no.1 crores. Further, the plaintiff has also given up its monetary claim of `2.5 crores, which was sought as damages in the present suit.
The settlement is lawful and accordingly, the suit is decreed in terms of the settlement arrived at between the parties.
Let a decree sheet be drawn up. The present application shall form part of the decree sheet.
The suit and the pending application are disposed of. No order as to costs.
VIBHU BAKHRU, J
DECEMBER 08, 2016 MK
VIBHU BAKHRU
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
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