High Court of DelhiCS(OS)/374/2015

Telemart Shopping Network Pvt. Ltd. v. Ankur Home Appliances & Another

2017-10-09Hon'Ble Mr. Justice Manmohan2 pages

#6 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 374/2015 & I.A. 2917/2015, I.A. 7354/2015, I.A. 8971/2015, I.A. 9545/2015, I.A. 15404/2015 TELEMART SHOPPING NETWORK PVT. LTD. ..... Plaintiff Through Mr. P.C. Arya, Advocate versus ANKUR HOME APPLIANCES & ANOTHER ..... Defendants Through Mr. Chander Shekhar Patney, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.10.2017 I.A. 11609/2017 Both the counsel pray for and are permitted to carry out a typographical correction in the prayer clause of the present application after initialling the same.

It is pertinent to mention that present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation.

Present application is also supported by affidavits of the Director of the plaintiff-company as well as defendant no. 2 who is also Karta of the defendant no. 1.

Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the settlement application being I.A. 11609/2017.

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.

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 settlement application I.A. 11609/2017, which is marked as Ex. C-1, and paragraph no. 34(i) to (iv) of the plaint. Registry is directed to prepare a decree sheet accordingly.

With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 10th February, 2015 stands vacated.

MANMOHAN, J OCTOBER 09, 2017 rn