Godfrey Phillips India Ltd v. M/S Ijm Cigarette Company Private Ltd & ANR

#2 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 381/2017 & I.A. 22066/2015, I.A. 772/2016 GODFREY PHILLIPS INDIA LTD ..... Plaintiff Through Mr. Zeeshan Khan with Mr. Achal Shekher Sharma, Advocates versus M/S IJM CIGARETTE COMPANY PRIVATE LTD & ANR ..... Defendants Through Ms. Manjula Gandhi with Mr. Aditya Kapoor, Advocates for D-1.

Mr. Vishnu Unnikrishnan, Advocate for D-2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.11.2018 I.A. 15283/2018 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 plaintiff and defendants as well as by the parties to the litigation. Present application is also supported by affidavits of authorized representative/constituted attorney of the plaintiff and the defendants. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the I.A. 15283/2018.

Today in Court, learned counsel for the defendant no. 2 has handed over to learned counsel for the plaintiff a bank draft bearing no. 026318 dated 31st October, 2018 drawn upon IDBI Bank, Lajpat Nagar, Delhi for Rs. 3,00,000/- in accordance with the settlement. Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the I.A. 15283/2018.

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 and is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the I.A. 15283/2018, 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 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. The interim order dated 16th October, 2015 stands modified.

MANMOHAN, J NOVEMBER 02, 2018 rn