Relaxo Footwear Ltd v. Joseph Thomas

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 33.

+ CS(OS) 591/2015 RELAXO FOOTWEAR LTD ..... Plaintiff Through: Mr. Samreen Khan, Mr. Jithin George, Advocates.

versus JOSEPH THOMAS ..... Defendant Through: Ms. Manu Ramachandran, Advocate.

CORAM:JUSTICE S.MURALIDHAR

O R D E R

% 31.08.2016 IA No. 10501 of 2016

1. This is an application jointly filed by the parties under Order XXIII Rule 3 CPC read with Section 151 of the Code of Civil Procedure 1908 („CPC‟) supported by their respective affidavits.

2. The terms of settlement arrived at between the parties as set out in para 3 (a) to (f) of the application are taken on record and will be treated as forming part of the present order.

3. The application is allowed.

CS(OS) 591 of 2015

4. The suit is decreed in terms of the settlement arrived at between the parties as set out in para 3 (a) to (f) of the application i.e., IA No. 10501 of CS(OS) 591 of 2015

2016. The said terms are binding on the parties.

5. In view of the above settlement, the Plaintiff does not press for its claim as prayed in prayer clause 25 (v), (vi) and (viii) and further forgoes the claim for damages and costs. However, the Plaintiff‟s right to institute legal action for the aforementioned claims against the Defendants in the event the Defendants, their associated group entities, agents etc. are found to be in breach of any of the terms of the compromise at any point of time in the future, is reserved.

6. Decree sheet be drawn up accordingly.

7. The date of 13th September, 2016 is cancelled. S.MURALIDHAR, J AUGUST 31, 2016 mg CS(OS) 591 of 2015