Societe Des Produits Nestle Sa & ANR v. Italian Edibles Pvt Ltd

#2 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1318/2016 & I.A. 9242/2013, I.A. 688/2014, I.A. 1434/2014 SOCIETE DES PRODUITS NESTLE SA & ANR ..... Plaintiffs Through Ms. Sonal Chhablani, Advocate versus ITALIAN EDIBLES PVT LTD ..... Defendant Through Mr. Sridharan Ramkumar, Advocate

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 19.02.2019 I.A. 2598/2019 Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiffs and defendant as well as by the parties to the litigation. Present application is also supported by affidavits of authorized signatory and director of the plaintiffs and the defendant respectively. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in I.A. 2598/2019. Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the aforesaid I.A. 2598/2019.

The aforesaid statements, assurances and undertakings as well as 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 being I.A. 2598/2019 and is of the opinion that the same is lawful. Consequently, present suit is decreed in accordance with the compromise application being I.A. 2598/2019, 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 plaintiffs a certificate authorizing him/her to receive back from the Collector half amount of the Court fee paid by them in the present suit. With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 28th May, 2013 stands vacated.

MANMOHAN, J FEBRUARY 19, 2019 rn