High Court of DelhiCS(COMM)/1449/2016

Sandisk Llc v. Ajay Gupta & ORS

2017-08-28Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1449/2016 & I.A. 13276/2016 SANDISK LLC ..... Plaintiff Through: Mr. Prithvi Singh, Advocate with Mr. Utkarsh Joshi, Advocate.

versus AJAY GUPTA & ORS ..... Defendants Through: Mr Ajay Gupta, defendant No.1 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.08.2017 I.A. 9877/2017 Today, learned counsel for plaintiff and Mr. Ajay Gupta, defendant No.1 have handed over a copy of the joint compromise application under Order 23 Rule 3 CPC.

The compromise application is duly signed by learned counsel for plaintiff as well as by the parties to the litigation. Present application is also supported by affidavit of constituted attorney of the plaintiff and the defendant No.1 who is also the sole proprietor of defendant No.2. Defendant No.1 states that defendant No.3 is sister concern of the defendant No.2.

Learned counsel for plaintiff identifies the defendant No.1, who is personally present in Court.

Both the learned counsel for plaintiff as well as defendant No.1 in person state that the matter has been compromised in accordance with the terms mentioned in the compromise application. Both the learned counsel for plaintiff and the defendant No.1 in person further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the compromise application. The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the plaintiff and defendant No.1 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 compromise application, a copy of which is marked as Ex.C-1 as well as the reliefs claimed in paragraph 26 (a), (b) and (c) of the plaint. Registry is directed to prepare a decree sheet accordingly.

With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 25th October, 2016 stands vacated.

MANMOHAN, J AUGUST 28, 2017 js