High Court of DelhiCS(OS)/332/2019

M/S Adhunik Datamatics Private Limited v. Sh Kishan Chand And ORS

2026-05-13Hon'Ble Mr. Justice Subramonium Prasad8 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 332/2019 M/S ADHUNIK DATAMATICS PRIVATE LIMITED .....Plaintiff Through:

Mr. Nikhilesh Krishnan, Mr. Jai Pratap, Ms.

Karna Mehra, Mr.

Sidharth Singh, Advocates versus SH KISHAN CHAND AND ORS .....Defendants Through:

D-2 to D-5, in person.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.05.2026 I.A. 2595/2026 1.

The present Application has been filed on behalf of the Plaintiff under Order XXIII Rule 1(4) of the CPC for disposing of the instant Suit on the ground of settlement arrived at between the parties. 2.

The instant Suit is one for recovery of Rs.3,43,64,160/- along with interest.

Material on record discloses that a Settlement Agreement dated 14.11.2017 was entered into between the Plaintiff and Defendant No.1 and a Decree under Order XXIII Rule 3 of the CPC was passed by this Court on 29.11.2017, insofar as the Plaintiff's claim against Defendant No.1 was concerned. A perusal of the Settlement Agreement dated 14.11.2017 indicates that a part of the amount has been paid by Defendant No.1 to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Plaintiff.

Thereafter, Defendants No.2 to 5 have also entered into a Settlement Agreement dated 03.01.2026 with the Plaintiff, whereby Defendants No.2 to 5 have agreed to pay a sum of Rs.1,14,55,000/-. It is pursuant to this Settlement Agreement dated 03.01.2026 that the instant Application has been filed.

The entire Settlement Agreement dated 03.01.2026 is reproduced to read as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It is stated by the learned Counsel for the Plaintiff that the amount as mentioned in the Settlement Agreement dated 03.01.2026 has been duly received by the Plaintiff. The instant Application has also been filed recording this fact, stating that the claim of the Plaintiff stands satisfied. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Settlement Agreement dated 03.01.2026 has been signed by Defendants No.2 to 5 as well as by the Authorized Signatory of the Plaintiff Company.

Attention of this Court is drawn to the Orders dated 31.07.2017 and 29.11.2017, whereby the parties were directed to maintain status quo against the land measuring 27 Bighas, 8 Biswas, Mustil No.31, 32 out of Khasra No. 31/6/1 (3-5), 27 (0-5), 1/2/1 (3-2), 2 (4-15), 9 (4-2), 32//10/1 (3-11), 11/1 (311), 12 (3-2), 19 (1-15), situated at Village Kharkhari Jatmal, New Delhi. Since, the Settlement Agreement dated 03.01.2026 records that in view of the fact that the amount has been paid by Defendants No.2 to 5 to the Plaintiff, the status quo granted by this Court should be vacated. It is ordered accordingly.

The Defendants No.2 to 5 are present in Court today and state that they have paid the amount as stated under the Settlement Agreement dated 03.01.2026 to the Plaintiff voluntarily, without any undue influence or coercion and have signed affidavits giving their statements to this effect. 10.

In view of the Settlement Agreement dated 03.01.2026 having been entered into between Defendants No.2 to 5 and the Plaintiff, let a decree sheet be drawn accordingly in favour of the Plaintiff and against Defendants No.2 to 5.

11.

Since the Plaintiff has settled the matter with the Defendants albeit by way of separate settlement agreements, i.e., Settlement Agreement dated 14.11.2017 with Defendant No.1 and Settlement Agreement dated 03.01.2026 with Defendants No.2 to 5, the Plaintiff would be entitled to the refund of entire court fees in terms of Section 16 of the Court Fees Act, 1870.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

With the above observations, the Suit is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J MAY 13, 2026 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.