Heineken Asia Pacific Pte Ltd v. Surjeet Lal And ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3318/2014 HEINEKEN ASIA PACIFIC PTE LTD ..... Plaintiff Through: Mr. Peeyoosh Kalra and Ms. R. Malik, Advs.

versus SURJEET LAL AND ORS ..... Defendants Through: Mr. Aman Nandrajog, Adv. for D-1 to D-7 and D-9.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 17.05.2016 I.A. 6169/2016 1.

This is a joint application filed by the plaintiff and defendant nos. 5 & 9 under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 with the following prayers:

"(a) accept the settlement reproduced hereinbefore; (b) dispose of the Suit in accordance with the terms of settlement and the present Application with directions that the parties shall be bound by the terms of the present settlement;

(c) pass such other/further orders as this Hon'ble Court may deem appropriate in the facts and circumstances of the case, leaving the parties to bear their own costs." 2.

The application is signed by the Constituted Attorney of the plaintiff; defendant no. 5 through its Managing Director and defendant No. 9 through its Director and their counsels as well.

3.

The application is supported by the affidavits of the authorized signatory of the plaintiff and authorized signatory of defendant nos. 5 and 9. The terms of settlement are incorporated in Para 2 (i) to 2(xi) of the application.

4.

Learned counsel for the parties state that the settlement is lawful. It is also averred in the application that the settlement shall be binding forever on the parties, their successors-in-interest, business entities, companies, directors, partners, servants and agents and all those who may hereafter claim, inherit or derive rights, titles or interests in any manner. The undertaking of the parties is taken on record. 5.

Mr. Peeyoosh Kalra, learned counsel for the plaintiff states that plaintiff has given up his claim against defendant nos. 1 to 4 and 6 to 8. The statement is taken on record.

6.

Noting the submissions made by the counsel for the parties, the application and the Suit being NO. CS(OS) 3318/2014 stands disposed of. On refund of Court fees, the plaintiff is at liberty to file an application. IAs 21435/2014, 4767-4770/2015, 5555/2015, 8626/2015 Dismissed as infructuos.

V. KAMESWAR RAO, J MAY 17, 2016 jg