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High Court of DelhiCS(COMM)/358/2019

Red Bull Ag v. Red Bulls Agro Private Limited

2019-11-05Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 358/2019, I.As. 9465/2019 & 15418/2019 RED BULL AG ..... Plaintiff Through:

Mr. Himanshu Deora and Mr.

Shashwat Rakshit, Advs.

versus RED BULLS AGRO PRIVATE LIMITED ..... Defendant Through:

Mr. Gautam Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 05.11.2019 I.A. 15418/2019 1.

This is a joint application filed by the parties under Order 23 Rule 3 read with Section 151 of the CPC for decreeing the suit in terms of paras 4.1 to 4.10 of the application and paragraph 86 (a), (b), (c) and (d) of the prayer clause of the suit.

2.

The application is filed by the representatives of both the parties and their counsels and the same is accompanied by the affidavits of the parties. Noting the contents, the suit is decreed in terms of paras 4.1 to 4.10 of this application and paragraph 86 (a), (b), (c) and (d) of the prayer clause of the suit.

3.

I take on record the submission of the counsel for the plaintiff that the plaintiff is ready and willing to forego its prayer regarding rendition of accounts and cost of the present proceeding against the defendant as prayed for in para 86 (e) to (h) of the suit. My attention has also been drawn to

pages 13 to 15 of the application and more specifically paras 4.7 (a), (b) and (c) to contend that this Court may pass an order of de-sealing of the goods and materials of the defendant so seized by the Local Commissioner. 4.

Noting the said submission, the goods / materials as seized by the Local Commissioner shall be de-sealed and the parties shall take action in accordance with the settlement agreement, more specifically as per the aforesaid paragraphs. Learned counsel for the parties also states that the parties shall abide by the terms of settlement entered between them. Their statement is taken on record.

5.

The decree sheet shall be drawn up accordingly. 6.

Application stands disposed of.

7.

The suit and pending application(s), if any, stand disposed of. No costs 8.

As the parties have settled their inter se dispute before the evidence has been recorded outside the Court, the plaintiff shall be entitled to refund of the Court fee.

V. KAMESWAR RAO, J NOVEMBER 05, 2019/aky