Partly allowed

County Developers Pvt. Ltd. (Cdpl) v. Samarth Ad Protex Pvt. Ltd. (Sapl) & Anr.

Delhi HC21 Jul 2025CS(COMM)/83/2021

Case brief

AI extract

What is this about?

The High Court allowed an interim application and proceeded to record a decree based on a Memorandum of Settlement dated 28.10.2024 under Order XXIII, Rule 3 CPC, directing the suit to be decreed in accordance with the settlement terms.

What did the court decide?

The Memorandum of Settlement dated 28.10.2024 is confirmed. The civil suit is dismissed as withdrawn and shall be decreed in terms of the settlement.

County Developers Pvt. Ltd. (Cdpl) Vs Samarth Ad Protex… — Specific Performance | Delhi HC (2025)

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$~O-5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 83/2021

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COUNTY DEVELOPERS PVT. LTD. (CDPL) .....Plaintiff

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Through: Mr.Rakesh Kumar Singh, Advocate.

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versus

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SAMARTH AD PROTEX PVT. LTD. (SAPL) .....Defendant Through: Mr.Abhishek Bansal, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R % 21.07.2025

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I.A. 17111/2025 (under Section 151 of CPC)

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Having heard learned counsel appearing on behalf of the plaintiff and for the reasons stated in the application, the same stands allowed.

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The application stands disposed.

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CS(COMM) 83/2021

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Learned counsel appearing on behalf of the parties submit that the matter stood settled and the terms of settlement have been recorded vide Memorandum of Settlement (MoS) dated 28.10.2024.

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Order XXIII, Rule 3 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,

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This is a digitally signed order.

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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 25/07/2025 at 12:04:17

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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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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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Since, the application bearing I.A. 17111/2025 has already been allowed, the civil suit stands dismissed as withdrawn and the same is directed to be decreed in terms of the settlement agreement.

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The Registry is directed to draw-up a decree sheet.

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The civil suit along with the pending application(s), if any, stands disposed of.

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PURUSHAINDRA KUMAR KAURAV, J JULY 21, 2025 Nc/sph

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This is a digitally signed order.

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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 25/07/2025 at 12:04:17

County Developers Pvt. Ltd. (Cdpl) v. Samarth Ad Protex Pvt. Ltd. (Sapl) & Anr.

Case brief

What is this about?

What did the court decide?

County Developers Pvt. Ltd. (Cdpl) v. Samarth Ad Protex Pvt. Ltd. (Sapl) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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