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High Court of DelhiCS(COMM)/1102/2024

Shri Virender Mohan Sahni v. Chetanya Buildcon Private Limited & ORS.

2025-05-19Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~O-54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1102/2024 SHRI VIRENDER MOHAN SAHNI .....Plaintiff Through:

Mr. Prosenjeet Banerjee, Mr. Sarad Kumar Sunny, Mr. Keshav Mann and Ms. Nandini Harit, Advs. with plaintiff in person.

versus CHETANYA BUILDCON PRIVATE LIMITED & ORS.

.....Defendant Through:

Mr. Shreyans Singhvi and Ms.

Akanksha Agrawal, Advs. for D-1 with defendant No.1 in person.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 19.05.2025 I.A. 12657/2025 (filed on behalf of the plaintiff and defendant No.1 seeking passing of consent decree in the present suit) 1.

Learned counsel appearing for the plaintiff and defendant No.1 appear to have arrived at an amicable settlement.

2.

The concerned parties are also present in court. Their identity is verified by their counsel. Their appearance is marked. 3.

Besides the settlement agreement dated 23.04.2025, various undertakings, annexure A, B, C and D, have also been placed on record. 4.

It is also seen that this arrangement is between the plaintiff and defendant No.1 and will not bind other parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/05/2025 at 12:59:21

5.

Order XXIII, Rule 3 authorises the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise. 6.

The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition.

7.

The Court is satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified Order XXIII, Rule 3.

8.

Therefore, the concerned parties to the settlement shall be bound by the aforesaid settlement agreement and the undertakings. 9.

In view of the aforesaid, the suit stands decreed in terms of settlement and the undertakings. They shall form part of the decree. 10.

The Registry is directed to draw-up a decree sheet. 11.

Since the matter has been settled before the Mediation Centre, the entire court fees be refunded.

12.

Suit stands disposed of.

13.

The date already fixed i.e. 15.07.2025 and 30.07.2025 stands cancelled.

PURUSHAINDRA KUMAR KAURAV, J MAY 19, 2025/P/MJO Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/05/2025 at 12:59:21