M/S Tirupati Industries A Partnershp Firm & ORS. v. Arun Goyal & ORS.

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 167/2023 M/S TIRUPATI INDUSTRIES A PARTNERSHP FIRM & ORS.

..... Petitioners Through:

Mr. Arjun Dewan & Mr. Akash Arora, Advs. (M- 9953303007) versus ARUN GOYAL & ORS.

..... Respondents Through:

Ms. Ritu Singh Mann, Mr. Dheeraj Kumar Garg and Mr.

Himanshu Singh, Advs.

for R-1 (M9968443127)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 30.05.2024 1.

This hearing has been done through hybrid mode. I.A. 31195/2024 in O.M.P.(I) (COMM.)-167/2023 2.

The present application has been filed seeking to place on record the Settlement Agreement dated 30th April, 2024 entered into between the parties.

3.

As can be seen, the disputes between the parties arose out of a Partnership Deed dated 16th April, 2011, executed between Petitioner No. 2-Girdhari Lal Tekwani and Petitioner No. 3-Rajeev Agarwal and Respondent No. 1-Arun Goyal for running the partnership firm, Petitioner No. 1-M/s Tirupati Industries. Vide order dated 24th May, 2023, this Court appointed Justice G.S. Sistani (Retd.) as the ld. Mediator in this matter. 4.

The parties have now reported that, with the intervention of the ld. Mediator, they have executed a Settlement Agreement dated 30th April, 2024. They wish to place the Settlement Agreement dated 30th April, 2024 on 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 01/06/2024 at 12:37:12

record.

5.

The Settlement Agreement dated 30th April, 2024 annexed with the application I.A. 31195/2024 is taken on record. The terms of the settlement are contained in paragraphs 1 to 20 of Settlement Agreement dated 30th April, 2024. According to the said Settlement Agreement, the parties have agreed on the manner in which the IP relating to the formulae of perfume products is to be manufactured in-house. This Court has perused the terms and conditions of the said Settlement Agreement. The terms of the Settlement Agreement dated 30th April, 2024 are lawful. There is no impediment in recording the same.

6.

The three partners- Sh. Girdhari Lal Tekwani, Sh. Rajeev Agrawal, and Sh. Arun Goyal, have signed the Settlement Agreement dated 30th April, 2024. The parties and all other acting for or on their behalf shall be bound by the Settlement Agreement dated 30th April, 2024. 7.

The Settlement Agreement dated 30th April, 2024, attached to the application I.A. 31195/2024, being an agreement drawn by the ld. Mediator appointed by this Court, shall have the effect of a decree under Section 89 of the CPC.

8.

Application is disposed of in these terms. Petition is also disposed of. Let the decree sheet be drawn in terms of the Settlement Agreement dated 30th April, 2024.

9.

Next date of hearing stands cancelled.

PRATHIBA M. SINGH, J MAY 30, 2024 Rahul/dn 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 01/06/2024 at 12:37:12