Drishti Software Private Limited v. Valaya Clothing Private Limited & ANR.
#27 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 182/2017 DRISHTI SOFTWARE PRIVATE LIMITED ..... Plaintiff Through Mr. Atul Batra with Mr. Kundan Kumar Mishra, Advocates versus VALAYA CLOTHING PRIVATE LIMITED & ANR.
..... Defendants Through Mr. Sumit Jidani, Advocate
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 29.05.2017 I.A. 6645/2017 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 authorised representatives of the plaintiff as well as defendant nos. 1 and 2. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present joint application. Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement Agreement dated 23rd May, 2017 executed before the Delhi High Court Mediation and Conciliation
Centre.
The aforesaid statements, assurances and undertakings as well as undertakings mentioned in the joint compromise application are accepted by this Court and parties are held bound by the same. This Court has also perused the compromise application as well as Settlement Agreement and is of the opinion that the compromise is lawful. Consequently, the suit is decreed in terms of the Settlement Agreement dated 23rd May, 2017 marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.
Since the matter has been settled before the Delhi High Court Mediation and Conciliation Centre, the Registry of this Court is directed to issue to Mr. Manoj Kumar, authorised representative of the plaintiff, a certificate authorizing him to receive back from the Collector the entire amount of the court fees paid in respect of the present suit. With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The next date of hearing i.e. 31st July, 2017 stands cancelled. MANMOHAN, J MAY 29, 2017 rn