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High Court of DelhiCS(COMM)/1161/2018

Lifestyle Equities C.V. & ORS. v. Vanesa Care Private Limited & ANR.

2019-02-15Hon'Ble Mr. Justice Jayant Nath2 pages

$~OS-4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1161/2018, IAs.13755 & 1377/2018 LIFESTYLE EQUITIES C.V. & ORS.

..... Plaintiffs Through Mr.Mohit Goel, Mr.Siddharth Goel and Ms.Malika Nandkeolyar, Advs.

versus VANESA CARE PRIVATE LIMITED & ANR.

..... Defendants Through Mr.Mohan Vidhani and Mr.Summit Aggarwal, Advs.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 15.02.2019 IA No.___________/2019(to be numbered) 1.

This application is lying under objection. The Registry may number the same.

2.

This application is filed under Order 23 Rule 3 CPC in view of the fact that the parties have settled the matter. 3.

The terms and conditions of the settlement agreement as stated in the application are legal and valid. Parties shall remain bound by the terms and conditions of the settlement agreement.

4.

A decree is passed in terms of the settlement agreement. As the matter has been compromised at an early date, in terms of section 16A of the Court Fees Act, 1870, the plaintiffs shall be entitled to 50% refund of the court fees. As the plaintiffs are abroad, the court fees may be refunded to the learned counsel for the plaintiffs.

5.

At this stage, the learned counsel for the defendants states that he has

a stock of goods containing a device which is not to be used by the defendants as per the settlement agreement. He submits that this stock, which is available with the defendants, shall be utilised within three months from today and he shall thereafter strictly abide by the terms and conditions of the settlement agreement. The above statement of the defendants is taken on record. The defendant will within one week file an application stating the extent of its said old stock.

6.

The application stands allowed.

CS(COMM) 1161/2018, IAs.13755 & 1377/2018 7.

In view of the above order passed in unnumbered application today, a decree is passed in terms of the settlement agreement. The present suit is disposed of. All pending applications, if any, are also disposed of. JAYANT NATH, J.

FEBRUARY 15, 2019/v