Choice Hotels International, Inc. v. Sandeep Malviya
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 586/2018 & I.A. 2312/2018 CHOICE HOTELS INTERNATIONAL, INC.
..... Plaintiff Through: Mr. Abhilasha Nautiyal, Advocate with Ms. Pankhuri Malik, Advocate.
versus SANDEEP MALVIYA ..... Defendant Through: Mr. Rahul Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 31.05.2018 Today, learned counsel for parties have handed over a scanned copy of the joint compromise application under Order 23 Rule 3 CPC. They state that the courier, which was carrying the original settlement application, met with an accident and all the documents in the possession of the courier are now in police custody.
At Court‟s request, learned counsel for parties have also handed over the terms of settlement which is duly signed by the learned counsel for the parties. Both the scanned copy of Order 23 Rule 3 CPC application as well as the Terms of Settlement are taken on record. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present Terms of Settlement.
Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid Terms of Settlement.
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 Terms of Settlement and is of the opinion that the same is lawful.
Consequently, the suit is decreed in accordance with the Terms of Settlement. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing it to receive back from the Collector full amount of the Court fee paid by it in the present suit. With the aforesaid observations, the suit and all pending applications stand disposed of.
MANMOHAN, J MAY 31, 2018 js