M/S Ozone Spa Pvt. Ltd v. M/S Co-Incept Hospitality Pvt Ltd & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 870/2018 & IA No.6669/2018 M/S OZONE SPA PVT. LTD ..... Plaintiff Through : Mr.Rajesh Mahindru, Advocate Mr.Vipin Pahwa, AR of the plaintiff company.

versus M/S CO-INCEPT HOSPITALITY PVT LTD & ORS ..... Defendants Through : Mr.Atul Bhuchar, Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 19.07.2018 IA No.9298/2018 The plaintiff has filed the suit for injunction and recovery of 2,53,66,750/- against the defendant. During the pendency of the suit, the matter has been amicably settled between the parties and IA No.9298/2018 has been moved for recording the compromise. The parties have entered into the settlement deed 05.07.2018 and have settled their disputes, per terms and conditions set out in paras No.1 to 15 of the settlement deed dated 05.07.2018. The parties have agreed to be bound by their respective obligations set out in settlement deed.

It is agreed the settlement has been arrived at voluntarily, without undue influence or coercion from any corner. In the circumstances, the application (IA No.9298/2018) is

allowed and suit of the plaintiff stands decreed in terms of paras No.1 to 15 of the settlement deed dated 05.07.2018, which shall form part of the decree. The parties shall be bound by the obligations as agreed and parties are left to bear their own costs. Decree sheet be drawn.

Since the matter has been amicably settled between the parties prior to the trial, the plaintiff shall be entitled for refund of the Court Fees, as per the rules of the Court Fees Act. The date fixed i.e. 17.09.2018 stands cancelled. YOGESH KHANNA, J JULY 19, 2018 M