Lifestyle Foods Private Limited v. Chakshu Food Products & ANR.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1069/2018 & I.A.Nos.10629-10630/2018 LIFESTYLE FOODS PRIVATE LIMITED ..... Plaintiff Through Mr.Nitin Sharma with Ms.Diksha Sharma, Advocates.

versus CHAKSHU FOOD PRODUCTS & ANR.

..... Defendants Through Mr.Kapil Kumar Giri, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 10.10.2018 I.A.No.14120/2018 Today learned counsel for the parties have handed over a joint compromise application. Registry has numbered the present application under the instructions of this Court. It is pertinent to mention that present joint application has been filed under Order XXIII Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation.

Present application is also supported by the affidavits of authorized signatory of the plaintiff and proprietor of defendant no.1 as well as defendant no.2 who is the proprietor of defendant no.1. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present application.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the present application.

The aforesaid statements, assurances and 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 is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the prayers (a) and (b) of the plaint as well as the settlement terms of the present application, a copy of 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 plaintiff a certificate authorizing him/her to receive back from the Collector the full amount of the Court fee paid by it in the present suit.

With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. MANMOHAN, J OCTOBER 10, 2018 KA