Dharampal Satyapal Sons Pvt. Ltd. v. Kishore Sawlani & ORS.

#4 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 890/2017 & I.A. 15556/2017 DHARAMPAL SATYAPAL SONS PVT. LTD.

..... Plaintiff Through Ms. Vaishali Mittal with Mr. Siddhant Chamola, Advocates versus KISHORE SAWLANI & ORS. ..... Defendants Through Ms. Sanya Kapur, Advocate

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 10.05.2018 I.A. 6497/2018 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 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 settlement application being I.A. 6497/2018.

Today in Court, learned counsel for defendants has handed over to learned counsel for the plaintiff following three cheques totalling to Rs. 3 lacs in full and final settlement :-

Sl.

No.

Cheque No.

Dated Amount Drawn upon (in Rs.) 1.

000217 10/05/2018 50,000/- Bank of Baroda, Science City, Ahmedabad.

2.

000216 10/05/2018 2,00,000/- Bank of Baroda, Science City, Ahmedabad.

3.

000223 10/05/2018 50,000/- Bank of Baroda, Science City, Ahmedabad.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the aforesaid settlement application being I.A. 6497/2018. 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. 6497/2018 and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with the settlement application being I.A. 6497/2018 and paragraph 76(i) of the plaint. The aforesaid settlement application 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 full 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. Order dasti. MANMOHAN, J MAY 10, 2018 rn