Disposed¶17

Kochhar and Co. v. Santanu Roy

Delhi HC15 Apr 2025CS(COMM)/516/2021

Case brief

AI extract

What is this about?

Compromise decree under Order XXIII Rule 3 CPC; settlement agreement dated 21.03.2025 before Delhi High Court Mediation and Conciliation Centre; suit decreed in terms of settlement; refund of entire court fee allowed; Kochhar and Co. v. Santanu Roy; CS(COMM) 516/2021; I.A. 9480/2025; I.A. 9082/2025; Delhi High Court; Justice Purushaindra Kumar Kaurav; decided 15.04.2025.

What did the court decide?

Civil suit decreed in terms of the settlement agreement dated 21.03.2025, which forms part of the decree; Registry directed to draw up a decree sheet; entire court fee refunded to the plaintiffs; civil suit and pending applications disposed of; date fixed for 31.07.2025 cancelled. ¶17

Kochhar and Co. Vs Santanu Roy — Delhi HC (2025) — LawSathi Research

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$~O-11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 516/2021

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KOCHHAR AND CO. .....Plaintiff

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Through: Ms. Samiron Borkataky, Ms. Ikshvaaku Marwah and Mr. Sanskrit Shrimali, Advs. versus

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SANTANU ROY .....Defendant Through: Ms. Soumya Dutta and Mr. Siddhant Upmanyu, Advs.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.04.2025

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I.A. 9480/2025 (JOINT APPLICATION BY THE PARTIES TO PASS A COMPROMISE DECREE IN TERMS OF SETTLEMENT AGREEMENT)

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It is submitted that the parties have arrived at an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 21.03.2025.

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Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 11:02:27

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The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.

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The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.

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The instant application stands disposed of.

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CS(COMM) 516/2021

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In view of the order passed in I.A. 9480/2025, the civil suit stands decreed in terms of the settlement agreement dated 21.03.2025. The same shall form part of the decree.

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