Aakash Educational Services Private Limited v. Akash Institute Of Technology & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 703/2016 AAKASH EDUCATIONAL SERVICES PRIVATE LIMITED ..... Plaintiff Through:

Mr. Manish Singhal, Adv.

versus AKASH INSTITUTE OF TECHNOLOGY & ANR ..... Defendants Through:

Mr. Sanjeev Bhatia, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 21.02.2018 IA No.6293/2017 (of both the defendants under Order IX Rule 7 of the CPC for setting aside of the order dated 10th April, 2017 proceeding ex parte against the defendants).

[ 1.

This order is in continuation of the earlier order dated 1st February, 2018.

2.

The counsel for the plaintiff and the counsel for both the defendants i.e. Akash Institute of Technology and Mahashe Sedhu Ram Siksha Samiti state that the parties have compromised all disputes and differences subject matter of the present suit and the defendants are agreeable to suffering a decree of permanent injunction as claimed in para 41 (a) to (d) of the plaint dated 30th May, 2016 and the plaintiff has agreed to withdraw the remaining claims.

3.

The compromise arrived at between the parties is found to be lawful and is allowed.

4.

A decree is accordingly passed in favour of the plaintiff and jointly and severally against the defendants in terms of para 41 (a) to (d) of the CS(COMM) 703/2016

plaint dated 30th May, 2016 leaving the parties to bear their own costs. 5.

Decree sheet be drawn up.

6.

A certificate entitling the plaintiff to refund of 50% of the court fees paid on the paint be issued and handed over to the counsel for the plaintiff. RAJIV SAHAI ENDLAW, J FEBRUARY 21, 2018 „pp‟ CS(COMM) 703/2016