The Court allowed a joint compromise application filed under Order XXIII Rule 3 read with Section 151 CPC. The matter was settled by parties, and the suit was decreed accordingly with modification of an interim order.
Suit decreed in accordance with plaint terms and compromise; interim order modified.
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CHASVINDER SINGH ..... Plaintiff Through Mr.Sanjeev Singh, Advocate.
versus KUNAL NAGPAL & ANR. ..... Defendants Through Mr.Anuj Soni, Advocate.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 10.01.2019
I.A.No.361/2019
Present joint application has been filed under Order XXIII Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and the defendants as well as by the parties to the litigation.
Present application is also supported by the affidavits of sole proprietor of the plaintiff and the defendant no.1 as well as partner/authorized signatory of defendant no.2.
Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present application.
Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the present application.
The aforesaid statements, assurances and 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 is of the opinion that the same is lawful.
Consequently, the suit is decreed in accordance with paragraph 51(A) and 51(B) of the plaint as well as the present application, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.
Registry is also directed to issue to the plaintiff a certificate authorizing him to receive back from the Collector the full amount of the Court fee paid by him in the present suit.
With the aforesaid observations, present application is allowed and the suit and pending application stand disposed of. The interim order dated 05th October, 2018 stands modified.
MANMOHAN, J
JANUARY 10, 2019 KA
1 provisions across 1 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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