Retail Royalty Company v. M/S Aditya Birla Fashion Retails Ltd.
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2872/2015 & I.A.Nos.13489/2016, 13944/2016 RETAIL ROYALTY COMPANY ..... Plaintiff Through Mr.Ryan Wilson, Advocate with Mr.Shashi Chaudhri, AR of the plaintiff.
versus M/S ADITYA BIRLA FASHION RETAILS LTD. ..... Defendants Through Mr.Ajay Sahni, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 01.11.2017 At the outset, learned counsel for the plaintiff wishes to delete the defendant nos.3 to 5 as they are not legal entities but merely the retail stores of defendant no.1. Consequently, the defendant nos.3 to 5 are deleted from the array of parties. Let an amended memo of parties be filed by the plaintiff during the course of day. I.A.No.12759/2017 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 and the defendants as well as by the parties to the litigation.
Present application is also supported by the 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 present application.
Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the present application.
The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and the 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 settlement terms mentioned in the present application, copy of which is marked as Ex. C-1. 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. MANMOHAN, J NOVEMBER 01, 2017 KA