Kochhar And Co. v. Santanu Roy

$~O-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 516/2021 KOCHHAR AND CO.

.....Plaintiff Through:

Ms.

Samiron Borkataky, Ms.

Ikshvaaku Marwah and Mr. Sanskrit Shrimali, Advs.

versus SANTANU ROY .....Defendant Through:

Ms. Soumya Dutta and Mr. Siddhant Upmanyu, Advs.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 15.04.2025 I.A. 9480/2025 (JOINT APPLICATION BY THE PARTIES TO PASS A COMPROMISE DECREE IN TERMS OF SETTLEMENT AGREEMENT) 1.

It is submitted that the parties have arrived at an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide settlement agreement dated 21.03.2025.

2.

Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise.

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 01/07/2025 at 11:02:27

3.

The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.

4.

The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3. Therefore, the parties shall be bound by the aforesaid settlement agreement.

5.

The instant application stands disposed of.

CS(COMM) 516/2021 6.

In view of the order passed in I.A. 9480/2025, the civil suit stands decreed in terms of the settlement agreement dated 21.03.2025. The same shall form part of the decree.

7.

The Registry is directed to draw-up a decree sheet. 8.

The civil suit along with the pending applications stands disposed of. 9.

The dated already fixed i.e. 31.07.2025 in the matter stands cancelled. I.A. 9082/2025 (FOR REFUND OF COURT FEE) 1.

For the reasons stated in the application, the same stands allowed. The entire Court fee be refunded in favour of the plaintiffs. 2.

The application stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J APRIL 15, 2025 aks/sph Click here to check corrigendum, if any 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 01/07/2025 at 11:02:27