Ds Confectionery Products Limited v. Siddhant Agarwal & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 163/2020 DS CONFECTIONERY PRODUCTS LIMITED .....Plaintiff Through Ms. Vaishali Mittal, Adv.

versus SIDDHANT AGARWAL & ANR.

.....Defendants Through Mr. Prakhar Karpe, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 28.08.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 7473/2020 1.

This is an application seeking exemption from filing duly notarized affidavits in support of the accompanying application. 2.

Since the Court is resuming its physical functioning from 01.09.2020, the parties will file, for completion of record, their respective notarized affidavits on or before 05.09.2020.

3.

The captioned application is, accordingly, disposed of. I.A. No. 7472/2020 4.

This is a joint application moved by the parties under the provisions of Order XXIII Rule 3 read with Section 151 of the CPC. 5.

This application sets out the terms of settlement. The terms of settlement are given in paragraph no. 2 (a) to (m) of the captioned application.

5.1 The application bears the signatures of the authorised representative of the plaintiff and defendants as also their respective counsels. By:VIPIN KUMAR RAI 20:36:12

5.2 The application is supported by affidavits of the authorized representative of the plaintiff as also the defendants. 6.

I have perused the terms of the settlement. The terms of settlement are lawful.

7.

Accordingly, as prayed, the suit is decreed in terms of paragraph no. 66 (i) to (vi), (viii) and (ix) of the prayer clause set out in the plaint. 8.

Although, in prayer clause 6 (c) of the captioned application, the relief sought is that the entire Court-fee be refunded, in terms of the provisions of Section 16A of the Court Fees Act, 1870; I am inclined to order refund of only 50% of the Court-fees.

8.1 It is ordered accordingly. The Registry will take requisite steps in that behalf.

9.

The parties will comply with the terms of the settlement. 10.

A decree will be drawn-up in the aforesaid terms. The captioned application shall form part of the decree and will be marked as Exhibit 'X'. CS(COMM) 163/2020 11.

In view of the order passed today in I.A. No. 7472/2020, the case shall stand consigned to the record.

RAJIV SHAKDHER, J AUGUST 28, 2020 RB/KK Click here to check corrigendum, if any By:VIPIN KUMAR RAI 20:36:12