Parul Foods Specialities (P) Ltd & ANR v. Jitender Chadha & ANR

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 482/2013 & IA No.4176/2013 Decided on : 23.04.2015

IN THE MATTER OF:

PARUL FOODS SPECIALITIES (P) LTD & ANR ..... Plaintiffs Through : Mr. H.P. Singh, Advocate versus JITENDER CHADHA & ANR ..... Defendants Through : Mr. Neeraj Jain, Advocate

CORAM

HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) I.A. 8239/2015 (joint application under Order XXIII R 3 CPC) 1.

The present compromise application has been filed by the parties stating inter alia that during the pendency of the suit proceedings, they have arrived at an out of court settlement in respect of the suit premises. The terms and conditions of the settlement have been set out in para 2 of the application.

2.

Counsel for the plaintiffs states that in view of the undertakings given by the defendants to the plaintiffs, the plaintiffs have agreed to give up their claim for rendition of accounts and damages against the defendants. He further states that in view of the comprehensive CS(OS) 482/2013

settlement arrived at between the parties, nothing further survives for adjudication in the suit and the same may be decreed. 3.

The Court has pursued the present application. The same has been signed by the constituted attorneys of the plaintiffs and the defendants and their respective counsels. The application is also supported by the affidavits of the signatories of the application. 4.

As counsels for the plaintiffs and the defendants jointly state that their clients have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the same. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.

5.

The suit is decreed in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own costs.

6.

The suit is disposed of, along with the pending application. 7.

File be consigned to the record room.

(HIMA KOHLI) APRIL 23, 2015 JUDGE sk CS(OS) 482/2013