Apeejay Stya Knowledge LLP & Ors. v. Arun Bhardwaj & Ors.

Delhi HC3 Apr 2025CS(OS)/258/2020

Case brief

AI extract

What is this about?

Compromise decree under Order XXIII Rule 3 read with Section 151 CPC, 1908; Delhi High Court; CS(OS) 258/2020; Apeejay Stya Knowledge LLP v. Arun Bhardwaj; joint application I.A. 8616/2025; amicable settlement free of fear or coercion; suit decreed in terms of prayer Clauses A and B; decree sheet to be drawn; suit and pending applications disposed; Justice Purushaindra Kumar Kaurav; order dated 03.04.2025.

What did the court decide?

Civil suit decreed in terms of prayer Clauses A and B of CS(OS) 258/2020 on the basis of the compromise between the parties; Registry directed to draw up the decree sheet; suit and pending applications disposed of. ¶¶17

Apeejay Stya Knowledge LLP & Ors. Vs Arun Bhardwaj & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the compromise/amicable settlement arrived at between the parties satisfies the essentials laid down in Order XXIII Rule 3 CPC such that the Court may decree the suit in terms thereof.

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Court's answer

With the consent of the parties and for the reasons stated in the joint application, the Court found that an amicable settlement had been arrived at between the parties without any fear or coercion.

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Ratio / Principle

The Court was satisfied that the settlement was arrived at following due procedure and met the essentials specified in Order XXIII Rule 3 CPC (lawful compromise, reduced in writing, duly signed by the parties), and therefore the parties shall be bound by it.

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Key takeaways

In view of the prayer made in the application, the civil suit stood decreed in terms of prayer Clauses A and B of CS(OS) 258/2020.ratio¶¶17
The Registry was directed to draw up the decree sheet; the civil suit along with the pending applications stood disposed of, and the date already fixed stood cancelled.ratio¶¶19

Detailed headnote1 paragraphs

Delhi High Court (Purushaindra Kumar Kaurav, J.), 03.04.2025, in CS(OS) 258/2020 — Apeejay Stya Knowledge LLP & Ors. v. Arun Bhardwaj & Ors.: On a joint application (I.A. 8616/2025) by the parties under Order XXIII Rule 3 read with Section 151 CPC, 1908, the Court recorded that an amicable settlement had been arrived at between the parties without any fear or coercion and with their consent. Finding that the settlement followed due procedure and met the essentials of Order XXIII Rule 3 — a lawful compromise, reduced to writing and duly signed by the parties — the Court held the parties bound by it, decreed the civil suit in terms of prayer Clauses A and B, directed the Registry to draw up the decree sheet, and disposed of the suit along with pending applications, cancelling the date already fixed.

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$~O-64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 258/2020

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APEEJAY STYA KNOWLEDGE LLP & ORS. .....Plaintiffs

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Through: Mr. Anurag Ahluwalia, Sr. Adv. with Mr. Akash Nagar, Adv.

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versus

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ARUN BHARDWAJ & ORS. .....Defendants Through: Mr. Rahul Ahuja and Mr. Shubhanker Maura, Adv.

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CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 03.04.2025

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I.A. 8616/2025 (under Order XXIII Rule 3 read with Section 151 CPC, 1908)

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Heard learned senior counsel for the plaintiff and learned counsel for the defendants on the joint application filed by the parties.

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The defendant, along with the authorized representative of the plaintiff, is present in the Court.

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For the reasons stated in the application, and with the consent of the parties, the Court finds that the amicable settlement has been arrived at between the parties without any fear or coercion.

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Order XXIII, Rule 3 authorizes 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. 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 07/04/2025 at 12:30:33

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

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