Reckitt Benckiser India Pvt Ltd v. Ms Super Shine Industries Through Sh Ajay Pandey

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM)No.265/2020 & I.A.No.7500/2020 RECKITT BENCKISER INDIA PVT LTD. .....Plaintiff Through :

Mr. Sachin Gupta, Ms. Jasleen Kaur, Ms. Rajnandini Mahajan and Mr.

Pratyush Rao, Advs.

versus MS SUPER SHINE INDUSTRIES THROUGH SH AJAY PANDEY .....Defendant Through :

Mr. R. Krishnaamorthi, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 31.08.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 7500/2020 1.

This is a joint application filed by the parties under the provisions of Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 [in short "CPC"].

2.

The application contains the terms of settlement arrived at between the parties. The terms of the settlement are set forth in paragraph 3 (i) to (v) and paragraph 4 of the captioned application. 3.

The application bears the signatures of the authorized signatory of the plaintiff and the proprietor of the defendant i.e. Mr. Ajay Pandey. CS(COMM)No.265/2020 By:VIPIN KUMAR RAI 09:29:56

3.1 The application also bears the signatures of learned counsel for the parties. Besides this, the application is accompanied by the affidavit of the authorized signatory of the plaintiff as also that of the proprietor of the defendant i.e. Mr. Ajay Pandey.

4.

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

5.

Accordingly, as prayed, the suit is decreed in terms of paragraphs 2 and 3 of the instant application. The parties will adhere to the terms of the settlement arrived at between them.

6.

Furthermore, since the parties have arrived at a settlement at an initial stage of the suit, I am inclined to direct that the plaintiff would not be required to deposit the court-fee, the payment of which was deferred vide order dated 21.07.2020, passed in I.A. No. 5870/2020. 6.1 It is ordered accordingly.

7.

The Registry will draw-up a decree in the aforementioned terms. The captioned application will form part of the decree and shall be marked as Exhibit-X.

CS(COMM)No.265/2020 8.

In view of the order passed in I.A. No. 7500/2020, the case papers shall stand consigned to record.

RAJIV SHAKDHER, J AUGUST 31, 2020 Aj/KK Click here to check corrigendum, if any CS(COMM)No.265/2020 By:VIPIN KUMAR RAI 09:29:56