Menstek Solutions Pvt Ltd v. M/S Lloyds Insulations (India) Ltd

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1107/2016, CC(COMM) No.9/2017 & IA No.6490/2018 (u/O XXIII R-3 CPC) MENSTEK SOLUTIONS PVT LTD ..... Plaintiff Through:

Ms. Purnima Maheshwari, Adv.

Versus

LLOYDS INSULATIONS (INDIA) LTD ..... Defendant Through:

Ms. Neelam Rathore, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 14.05.2018 1.

The plaintiff has instituted this suit for recovery of Rs.59,52,223/- with interest.

2.

The counsel for the defendant states that defendant has made a Counter-Claim for recovery of Rs.47,53,845/-. 3.

IA No.6490/2018 purporting to be signed on behalf of plaintiff and the defendant and their counsels and accompanied with the affidavits of the signatories of the parties under Order XXIII Rule 3 has been filed and the counsel for the plaintiff and the counsel for the defendant / counter-claimant support the same.

4.

Though the compromise application is not in respect of the CounterClaim but the counsel for the defendant / counter-claimant states that in terms of the settlement as contained in the application, the Counter-Claim would also not survive and stand disposed of. CS(COMM) 1107/2016

5.

I have perused the compromise arrived at between the parties as contained in the application and in the Minutes of Meeting dated 6th April, 2018 annexed thereto and find the same to be lawful. 6.

IA No.6490/2018 is allowed and disposed of.

7.

A decree is passed in the suit as well as in the Counter-Claim in terms of IA No.6490/2018, which shall form part of the decree sheet, leaving the parties to bear their own costs.

8.

The counsels further inform that the first cheque mentioned in para no.4 of IA No.6490/2018 has already been encashed. 9.

The date of 22nd May, 2018 before the Joint Registrar is cancelled. Decree sheet be drawn up.

No costs.

RAJIV SAHAI ENDLAW, J MAY 14, 2018 'gsr'..

CS(COMM) 1107/2016