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High Court of DelhiCS(COMM)/1198/2018

Sony Corporation v. Prabhakar Reddy & ORS.

2019-01-31Hon'Ble Mr. Justice Manmohan2 pages

#5 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1198/2018 & I.A. 14693/2018 SONY CORPORATION ..... Plaintiff Through Mr. Zeeshan Khan, Advocate versus PRABHAKAR REDDY & ORS.

..... Defendants Through Ms. Bhabna Das with Mr. Krishna Dev J., Advocates for D-1 to D3.

Mr. Nitin Sharma with Mr. Shobhit K. Srivastava, Advocates for D-4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.01.2019 I.A. 1478/2019 At the outset, learned counsel for the plaintiff states that he does not wish to press the present suit against defendant no. 4. The said statement is accepted by this Court and the defendant no. 4 is deleted from the array of parties. Let an amended memo of parties be filed within one week.

It is pertinent to mention that the present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC by the plaintiff and defendant nos. 1 to 3.

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. 1478/2019. 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. 1478/2019.

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 being I.A. 1478/2019 and the same is lawful.

Consequently, the suit is decreed in accordance with the settlement application being I.A. 1478/2019, 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 half 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 26th October, 2018 stands modified.

MANMOHAN, J JANUARY 31, 2019 rn