Marico Limited v. K.T. Kallappa
#3 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 970/2018 MARICO LIMITED ..... Plaintiff Through Ms. Anuradha Salhotra with Mr. Sumit Wadhwa and Ms. Anamika Majunder, Advocates versus K.T. KALLAPPA ..... Defendant Through Ms. Binu Sharma, Advocate Defendant in person.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 07.02.2019 I.A.
/2019 [to be numbered] Today in Court, learned counsel for the parties have handed over a joint compromise application under Order 23 Rule 3 CPC. Registry is directed to number the same.
Present application is duly signed by learned counsel for the plaintiff and defendant as well as by the parties to the litigation. Present application is also supported by affidavits of authorized representative of the plaintiff and the defendant - K.T. Kallapa. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present settlement application.
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.
Today learned counsel for defendant has handed over to learned counsel for plaintiff a Demand Draft No. 033119 dated 2nd February, 2019 for Rs.1,00,000/- drawn upon Pragathi Krishna Gramin Bank, Saraswathi Badavane, Davangere as costs.
Learned counsel for defendant, on instruction of the defendant who is personally present, states that the defendant had purchased the bottles from Maruthi Pet Industries, Laggere, Bangalore (Mob. No. 9449378701). 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 compromise application and and is of the opinion that the same is lawful.
Consequently, the suit is decreed in accordance with the present settlement application, which is marked as Ex. C-1. 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 1st June, 2018, confirmed on 13th September, 2018 stands modified. As a token of acceptance of this order, both learned counsel for parties are directed to sign the order.
MANMOHAN, J FEBRUARY 07, 2019 rn