Gujarat Cooperative Milk Marketing Federation Ltd & ANR. v. Harsh Saraf & ORS.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 478/2020 & I.A. 9855/2020 GUJARAT COOPERATIVE MILK MARKETING FEDERATION LTD & ANR.

.....Plaintiffs Through:

Mr. Abhishek Singh. Mr. J. Amal Anand, Mr. Elvin Joshy, Ms. Shivani Kalra, Mr. K. V. Vibu Prasad and Mr.

Utkarsh Sahu, Advocates.

versus HARSH SARAF & ORS.

.....Defendants Through:

Mr. Saikrishna Rajagopal and Ms.

Snehima Jauhari, Advocates for D-1 to 3.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 24.09.2025 1.

This order is being passed in continuation of the order dated 16.09.2025.

2.

The learned counsel for the defendant states that the defendant has filed its affidavit of undertaking dated 22.09.2025. 2.1 He states that a cheque of Rs. 7 lakhs, as agreed between the plaintiffs and defendants, has been handed over to the learned counsel for the plaintiffs.

2.2 He prays that the suit may be decreed in terms of the said undertaking and prayer clauses (i) (iii) & (v) of the plaint. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The learned counsel for the plaintiff confirms that the receipt of said affidavit of undertaking, as well as the cheque. 3.1 He states that in view of the undertaking and the receipt of the cheque, the plaintiffs are satisfied that the suit can be disposed of in terms of prayer clauses (i), (iii) and (v) of the plaint, and that the plaintiffs are not pressing any further reliefs. Rs. 7 lakhs is accepted in full and final settlement of claim of costs.

4.

The Court has heard the learned counsels of the parties and also perused the undertaking dated 22.09.2025 given by the defendants. 5.

The statements and undertaking given by the parties are accepted by this Court, and the parties are held bound by the same. 6.

In view of the statement made by the parties, the suit is decreed in terms of the affidavit of undertaking and prayer clauses (i), (iii) and (v) of the plaint. The remaining reliefs are disposed off as not pressed. 7.

The Registry of this Court is directed to prepare a decree in terms of this order. The affidavit of undertaking given by Defendant shall form part of the said decree.

8.

Interim orders, if any, stand merged into the final decree 9.

Pending applications, if any, stand disposed of. 10.

Future dates, if any, stand cancelled.

11.

Learned counsel for the Plaintiff states that since the suit has been settled with defendant at the pre-issues stage a partial refund of court fee may be granted.

12.

Keeping in view the settlement, the registry is directed to refund 50% Court fee in favour of Plaintiff within four (4) weeks, in accordance with law. The said direction has been passed having regard to Sections 16 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

16A of the Court Fees Act, 1870 (as applicable to Delhi). 13.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J SEPTEMBER 24, 2025/ssc/AJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.