The High Court allowed a joint compromise application filed under Order 23 Rule 3 and Section 151 CPC. The Court accepted the settlement agreement and decreed the suit accordingly.
The suit is decreed in accordance with the Settlement Agreement; all pending applications are disposed of.
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1 $~
MPOWER SOFTCOMM PRIVIATE LIMITED ..... Plaintiff Through: Mr. Ajit Yadav, Advocate.
versus
MR VISHAL GUPTA & ORS ..... Defendants Through: Mr. Kirti Uppal, Senior Advocate with Mr. Pradeep Mahajan, Mr. Sudhir Mahajan, Sidharth Chopra and Mr. Aditya Awasthi, Advocates
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 17.01.2019
I.A. 732/2019
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 defendants as well as by the parties to the litigation.
Present application is also supported by affidavits of authorized representative of the plaintiff and the defendants.
Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Application being I.A. No.732/2019 and the Settlement Agreement dated 09th January, 2019.
Both the learned counsel further assure and undertake to this Court
that the parties shall comply with the Settlement terms mentioned in the aforesaid Settlement Agreement.
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 the Settlement Application being I.A. 732/2019 and Settlement Agreement dated 09th January, 2018, which is marked as Ex.C-1 (Collectively). Registry is directed to prepare a decree sheet accordingly.
With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of.
MANMOHAN, J
JANUARY 17, 2019 js
1 issue framed by the court
Whether the compromise settlement Agreed upon by parties should be accepted by the High Court
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.
Judgements on the same questions, provisions and authorities, from every court
