Disney Enterprises, Inc & ANR v. Biju C & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 188/2016 DISNEY ENTERPRISES, INC & ANR ..... Plaintiffs Through: Mr. Himanshu Deora, Advocate.

versus BIJU C & ANR ..... Defendants Through: Mr. G. Prakash, Advocate with Mr. Jighnu M.L. Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 07.12.2018 I.A. 16763/2018 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 plaintiffs and defendants as well as by the parties to the litigation. Present application is also supported by affidavits of authorized representative/constituted attorney of the plaintiffs and the defendants. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in para 5.1 to 5.9 of the Settlement Application being I.A. 16763/2018 as well as the documents 1 and 2 annexed with the Settlement application.

Today, learned counsel for defendants has handed over a Bank Draft bearing No.336810 dated 03rd December, 2018 drawn on State Bank of

India, Haripad, for Rs.1,50,000/- to the learned counsel for plaintiffs. 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 Settlement Application and is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the the terms mentioned in para 5.1 to 5.9 of the Settlement Application being I.A. 16763/2018 , a copy of which is marked as Ex. C-1 and the documents 1 and 2 annexed with it as well as paragraph 26(a) 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 27th February, 2013 stands modified.

MANMOHAN, J DECEMBER 07, 2018 js