High Court of DelhiCS(COMM)/1126/2016

Alstom T & D India Ltd v. Cma Cgm & ORS

2017-02-23Hon'Ble Mr. Justice R.K.Gauba2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1126/2016 and IA 13625/2014, 14837/2014 and 14838/2014 GE T&D INDIA LTD.

..... Plaintiff Through: Mr. Kaustubh Sinha, Advocate versus CMA CGM & ANR ..... Defendants Through: Mr. Puneet Sharma and Mr. Ashwani Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 23.02.2017 IA 2367/2017 (u/S. 151 CPC) moved by the plaintiff The name of the plaintiff company has undergone a change, which change having been duly noted by the Registrar of Companies who has issued a fresh certificate of incorporation pursuant to change of name, the new name by which the company is to be known being GE T&D INDIA LTD. In this view, the application seeks suitable amendment in the memo of parties.

The counsel for the defendants submits no objection. The prayer is granted. Amended memo of parties is taken on record. The application is disposed of in these terms. CS(COMM) 1126/2016 The parties on their request were referred to Delhi High Court Mediation and Conciliation Centre where they have entered into the CS(COMM) 1126/2016

settlement agreement dated 07.02.2017. The learned counsel for the plaintiff submits and, the counsel for the defendants fairly agrees, that the suit is to be withdrawn in view of the said settlement, the request being for the parties to be held bound by their respective undertakings and assurances in the settlement agreement. Ordered accordingly. The suit is dismissed as withdrawn. The parties shall remain bound by their respective undertakings and assurances in the settlement agreement dated 07.02.2017. The pending applications also stand disposed of.

As is also requested by the counsel for the plaintiff to which the counsel for the defendants submits no objection, the bank guarantee furnished by the plaintiff in terms of Order dated 25.07.2014 as furnished to the satisfaction of the Registrar General and renewed from time to time shall be returned to the plaintiff. The court fees shall be refunded in accordance with law. R.K.GAUBA, J.

FEBRUARY 23, 2017 yg CS(COMM) 1126/2016