Jaguar Overseas Limited & ORS. v. Klj Resources Limited

$~37&38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1294/2007 JAGUAR OVERSEAS LIMITED & ORS.

Plaintiffs Through:

Mr. Karan Mehra & Mr. Manvendra Mishra, Advs.

Mr. Pawan Kumar, Authorised Representative.

versus KLJ RESOURCES LIMITED Defendant Through:

Mr. Kuljeet Rawal & Mr. Saurabh Malhotra, Advs.

+ CS(OS) 2388/2007 Plaintiff K.L.J. RESOURSES LTD.

Mr. Kuljeet Rawal & Mr. Saurabh Malhotra, Advs.

Through:

versus JAGUAR OVERSEAS LTD.

Defendant Through:

Mr. Karan Mehra & Mr. Manvendra Mishra, Advs.

Mr. Pawan Kumar, Authorised Representative.

CORAM:

HON'BLE MR.

JUSTICE MANMOHAN

ORDER

% 02.03.2015 CSfOSI 1294/2007 At the outset learned counsel for the plaintiff wishes to delete the defendants No.2 and 3 from the array of parties. The oral prayer made by By:AMULYA

J 'V 0"

learned counsel for plaintiff is accepted by this Court. Defendants No.2 and 3 are deleted from the array of parties. Let an amended memo of parties be filed within two days.

lA No. 4154/2015 in CStOS) 1294/2007 lA No. 4153/2015 in CS(OS) 2388/2007 Present joint applications have been filed in both the suits under Order 23 Rule 3 CPC.

While the CS(OS) No. 1294/2007 has been filed for specific performance and permanent injunction, CS(OS) No. 2388/2007 has been filed for possession and for recovery of money. The present joint applications in both the suits are signed by learned counsel for plaintiff and the defendant as well as by the parties to the litigation.

The joint applications are also supported by affidavits of Company Secretary of the plaintiff and authorised representative of the defendant in CS(OS) 1294/2007.

Both the learned counsel state that the matters have been compromised outside the Court in accordance with the terms mentioned in the Deed of Compromise dated 23"^ February, 2015. Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the Deed of Compromise dated 23'^'^ February, 2015. The aforesaid statements, assurances and undertakings as well as undertakings mentioned in the joint compromise applications are accepted by this Court and parties are held bound by the same. This Court has also perused the compromise applications and is of the opinion that the compromise is lawful.

Consequently, both the suits are decreed in terms of the Deed of Compromise dated 23'''* Febmary, 2015 marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly. With the aforesaid observations, present applications are allowed and the suits stand disposed of.

The next date of hearing i.e. 17*'^ March, 2015stands cancelled. lU MANMOHAN, j MARCH 02, 2015 nk