Tara V Ganju & Anrs v. Basant & Co & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1954/2013 & I.As.2944/2014, 24753-24756/2014, 22203/2015, 24786/2015 AND 1462/2017 TARA V GANJU & ANR ..... Plaintiffs Through: Mr. Dharmesh Misra, Advocate with Mr. Ankit Kakkar and Ms. Ramya Kutty, Advocates.

versus BASANT & CO & ORS ..... Defendants Through: Mr. Shankar Vaidialingam, Advocate with Mr. S.K. Bhaduri and Mr. Shivain Vaidialingam, Advocates for defendants No.1 and 2.

Ms. Preeti Gupta, Advocate for defendants No.3 and 4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.08.2018 I.A. 9450/2018 Learned counsel for defendants No.3 and 4 has placed on record the original Special Power of Attorney executed by the defendant No.4 in France as well as the original affidavit in support of I.A. 9450/2018 as well as the last page of the said application originally signed by defendant No.4. The said documents are taken on record and directed to be placed along with I.A. 9450/2018.

It is pertinent to mention that present application being I.A. 9450/2018 has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is

duly signed by learned counsel for the plaintiffs and defendants as well as by the parties to the litigation.

Present application is also supported by affidavits of the parties. Learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Application being I.A. 9450/2018.

Learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid Settlement Application being I.A. 9450/2018.

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 being I.A. 9450/2018 and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with the Settlement Application being I.A. 9450/2018, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representative of the plaintiffs a certificate authorizing it to receive back from the Collector half the amount of the Court fee paid by them in the present suit. With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim orders stand vacated.

MANMOHAN, J AUGUST 16, 2018 js