Aktiebolaget Volvo & ORS. v. Vineet Kumar

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM)No.204/2020, I.A.Nos.4962/2020 & 5420/2020 ANTIEBOLAGET VOLVO & ORS.

....Plaintiffs Through :

Ms. Vaishali Mittal, Adv.

versus VINEET KUMAR ....Defendant Through :

Mr. Keshav Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 10.07.2020 [Court hearing convened via video-conferencing on account of COVID-19] 1.

Pursuant to the last order i.e. order dated 03.07.2020, the parties have moved a joint application to bring on record the settlement arrived at between them which has been filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 [in short "CPC"] read with Section 151 of the CPC. 2.

The application i.e. I.A. 5420/2020 bears the signature of the constituted attorney of the plaintiffs i.e. Mr. Laxminarayan Hegde. 2.1 Likewise, the application also bears the signature of the defendant i.e. Mr. Vineet Kumar.

3.

The application is supported by the affidavits of Mr. Laxminarayan Hegde and Mr. Vineet Kumar.

4.

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

CS(COMM)No.204/2020 KUMAR RAI 23:36

5.

Accordingly, the suit is decreed as per the terms of settlement recorded in paragraphs 2 (a) to (j) of the application i.e. I.A. 5420/2020. 6.

Ms Vaishali Mittal, who appears for the plaintiffs, affirms that in accordance with the provisions of paragraph 2 (j), the defendant has paid Rs. 50,000/- towards costs.

6.1 According to Ms. Mittal, the aforementioned amount was paid to, one, Mr. Subrata Kumar Maity, an office boy attached with The Acme Company; a firm of advocates. The amount, I am told, was used by the said person to pay his medical bills.

6.2 I am further informed that the concerned person was treated for Coronavirus in the Moolchand Hospital.

7.

Accordingly, the suit is decreed in terms of the settlement, as reflected in paragraphs 2(a) to (j) of the captioned application i.e. I.A. 5420/2020. 8.

The parties will abide with the terms of the settlement arrived at between them.

9.

The Registry will draw up the decree accordingly. The application i.e. I.A. 5420/2020 will form part of the decree. Resultantly, pending applications shall stand closed.

10.

As the parties have arrived at a settlement at an early stage, 50% of the court fee shall stand exempted. The Registry will take necessary steps in this behalf.

RAJIV SHAKDHER, J JULY 10, 2020 Aj/KK Click here to check corrigendum, if any CS(COMM)No.204/2020 KUMAR RAI 23:36