Steamline Industries Limited v. Tecpro Systems Limited & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 123/2017 STEAMLINE INDUSTRIES LIMITED ..... Plaintiff Through Mr.Sanjeev Saraswat, Ms. Mukti Chaudhry, Ms. Niharica Khanna and Ms.

Tejaswini, Advs.

versus TECPRO SYSTEMS LIMITED & ORS.

..... Defendants Through Mr.Anuj P. Agawala and Mr.Udran Sharma, Adv. for D-4.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 19.12.2018 IA No. 17383/2018 This application is filed under Order 23 Rule 3 CPC to bring on record a compromise dated 13.12.2018 executed between the plaintiff and defendant No. 4 before the Delhi High Court Mediation and Conciliation Centre.

The terms and conditions of the settlement are stated in para 4 of the application. As per the terms of the settlement, other defendants i.e. defendants No. 1 to 3 are to be dropped from the array of parties. The terms and conditions of the settlement are legal and valid. The application is allowed.

CS(COMM) 123/2017 Learned counsel for the plaintiff confirms that the plaintiff has received the full amount i.e. Rs.4.75 crores in terms of the settlement

agreement. She, however, submits that the parties have to take certain steps regarding the pending litigations and hence, prays that a decree be passed in terms of the settlement agreement.

In view of the settlement, defendants No. 1 to 3 are dropped from the array of parties.

The suit is decreed in terms of the settlement agreement. As the parties have settled the matter before the Delhi High Court Mediation and Conciliation Centre, the plaintiff shall be entitled to refund of the full court fees in terms of Section 16 of the Court Fees Act. The suit stands disposed of.

All interim orders stand vacated.

JAYANT NATH, J DECEMBER 19, 2018 rb