Order disposing of a compromise application. The Court allowed the joint application filed under O.23 R.3 read with S.151 CPC for settlement, decreed the suit accordingly, and disposed of the original suit and all pending applications.
Joint application allowed; suit decreed; suit and pending applications disposed of; interim order substituted.
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#20
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
M/S. SUGAR DEALER ..... Defendants Through Mr. Varun Mudgil, Advocate
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 21.02.2018
I.A. 2445/2018
Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendant as well as by the parties to the litigation.
Present application is also supported by affidavits of the partner and proprietor of the plaintiff and the defendant firms respectively.
Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the settlement application being I.A. 2445/2018.
Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the settlement application being I.A. 2445/2018
The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same.
This Court has also perused the compromise application and Settlement Agreement and is of the opinion that they are lawful.
Consequently, the suit is decreed in accordance with para 32(A) (i) to (iii) of the plaint and the settlement application being I.A. 2445/2018, which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.
Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector full amount of the Court fee paid by it in the present suit.
With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 16th October, 2017 stands substituted. The next date of hearing i.e 12th March, 2018 stands cancelled.
MANMOHAN, J
FEBRUARY 21, 2018 rn/rs
1 issue framed by the court
Whether the joint application for allowing compromise settlement under Order 23 Rule 3 read with Section 151 CPC should be allowed.
2 provisions across 2 enactments
Manmohan
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
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