B K G Overseas & ANR. v. B K G Glass International & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 24/2020, I.A. 671/2020, I.A. 672/2020, I.A.1150/2020 B K G OVERSEAS & ANR.

..... Plaintiffs Through:

Mr. Shailen Bhatia, Advocate with Mr. Amit Jain, Mrs. Neelam Pathak, Ms.

Sheril Bhatia, Advocates versus B K G GLASS INTERNATIONAL & ANR.

..... Defendants Through:

Mr. Afzal B. Khan, Advocate with Mr. Samik Mukherjee, Advocate

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 18.02.2020 I.A.2311/2020 (Application under Order XXIII Rule 3 of the CPC) 1.

This is a joint application of the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The parties state that the disputes between them have been settled on the terms contained in paragraph 6 of the application. The parties have agreed that the suit be decreed in terms of the prayers in paragraph 53 (a) to 53 (f) of the plaint. 2.

The application is signed by Mr. Kapil Kumar Agarwal as partner of both the plaintiff Nos.1 and 2, and by defendant No.2/Mr. Sanjeev Kumar Sharma, on his own behalf and as a partner of defendant No.1. It is also signed by learned counsel for both sides, and supported by the affidavits of the signatories.

3.

Having regard to the submissions of counsel and the material on record, I do not find any impediment to the grant of a decree as sought. The suit is therefore decreed in favour of the plaintiff in terms of CS(COMM) 24/2020

paragraphs 53(a) to 53(f) of the plaint. Decree sheet be prepared accordingly. A copy of the application will be annexed to the decree. 4.

In view of the fact that the parties have settled their disputes at a pre-trial stage, the plaintiff is entitled to refund of 50% of court fees under Section 16A of the Court Fees Act, 1870. The Registry will issue a certificate to this effect.

5.

The suit alongwith all pending applications stand disposed of. PRATEEK JALAN, J FEBRUARY 18, 2020 'j'/s CS(COMM) 24/2020