High Court of DelhiCS(OS)/789/2013

Dr M.C Gupta v. Ramesh Chandra Gupta & ORS

2018-09-14Joint Registrar (Judicial) Sh. Rakesh Pandit (Dhjs)2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 789/2013 DR M.C GUPTA ..... Plaintiff Through Mr. A. K. Aggarwal, Adv.

versus RAMESH CHANDRA GUPTA & ORS ..... Defendants Through Mr. Varun Sharma, Adv. for D-1, 2 and D-4 to 7.

Mr. Arvind K. Goel, LR of D-3a to E.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.09.2018 I.A.12405/2018 Present joint application has been filed on behalf of the plaintiff and defendants no.1 and 2 under Order 23 Rule 3 and Order 32 read with Sections 2(2) and 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants no.1 and 2 as well as by the parties to the litigation.

Present application is also supported by affidavits of the plaintiff and defendant no.1 who is also the authorised representative of defendant no.2.

Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Application being I.A. 12405/2018.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid Settlement Application. It has been averred in the present application that the defendants no.4 to 7 as well as legal representatives of defendant no.3 have decided to forego/relinquish their shares in favour of the defendants no.1 and 2, if any, and have affirmed their support to the aforesaid settlement application by way of individual affidavits. The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same. This Court has also perused the compromise application and is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the paragraph 6 of the Settlement Application being I.A. 12405/2018, which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.

The ne xt date of hearing i.e.19th September, 2018 stands cancelled. MANMOHAN, J SEPTEMBER 14, 2018 j