Tbl Licensing Llc v. M/S Nikhil Garments & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 489/2017 TBL LICENSING LLC ..... Plaintiff Through: Mr. Kanishk Kumar, Advocate.

versus M/S NIKHIL GARMENTS & ORS ..... Defendants Through: Mr. Satish Kumar and Mr. Dinesh Kuma defendants No.2 and 3.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.08.2017 I.A. 9711/2017 in CS(COMM) 489/2017 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 as well as by the parties.

Present application is also supported by affidavits of authorized representatives of the plaintiff and the defendants. The learned counsel for the plaintiff and defendants state that the matter has been compromised in accordance with the terms mentioned in the compromise application being I.A. 9711/2017.

The defendants, who are present in person in Court, have today in Court handed over to learned counsel for plaintiff a Demand Draft bearing No.503035 dated 24th August, 2017 drawn on ICIC Bank, Gurgaon Sector-

21, for Rs.20,000/- .

The learned counsel for the plaintiff and defendants in person further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid compromise application. The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the plaintiff and defendants in person 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. Registry is directed to prepare a decree sheet accordingly.

Registry is also directed to issue to an authorized representative of the plaintiff a certificate authorising him/her to receive back from the Collector half the 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 29th October, 2015 stands vacated.

The next date of hearing i.e. 06th September, 2017 stands cancelled. MANMOHAN, J AUGUST 28, 2017 js