Bhai Manjit Singh (Huf) & ANR v. M/S Sunshine India Pvt Ltd & ORS

$~S-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 405/2015 BHAI MANJIT SINGH (HUF) & ANR ..... Appellants Represented by:

Mr.Amit Sibal, Sr.Advocate instructed by Mr.Alok K.Aggarwal, Mr.Gaurav Tanwar, Advocates versus M/S SUNSHINE INDIA PVT.LTD.& ORS ..... Respondent Represented by:

Mr.Sudhir Makkar, Sr. Advocate instructed by Ms.Meenakshi Singh, Ms.Saumya Gupta, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.09.2016 CM No.33752/2016 1.

The origin of the dispute was an agreement to sell dated July 29, 2005 in which name of the respondent No.1 M/s Sunshine India Pvt.Ltd. was inadvertently typed as M/s Sunshine Pvt.Ltd.

2.

The dispute between the parties was settled by the parties on the terms recorded in a memorandum of understanding which referred to the agreement to sell dated July 29, 2005. Incorporating the settlement in an application filed under Order 23 Rule 3 of the Code of Civil Procedure, the appeal was got disposed of recording in the order that pursuant to the agreement to sell dated July 29, 2005, the sale would take place on the agreed terms as per the memorandum of understanding. 3.

By this application it is prayed that a clarification be made concerning FAO(OS) 405/2015

the order dated May 03, 2016 to the effect the name of the company M/s Sunshine Pvt.Ltd. in the agreement to sell dated July 29, 2005 be read as M/s Sunshine India Pvt.Ltd.

4.

Accordingly, the application is disposed of by consent clarifying that in the agreement to sell dated July 29, 2005, which has been referred to in our order dated May 03, 2016 reference to M/s Sunshine Pvt.Ltd. would be read as M/s Sunshine India Pvt. Ltd.

5.

No costs.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

SEPTEMBER 30, 2016 'skb'

FAO(OS) 405/2015