Pioneer Securities Pvt Ltd & ANR v. Ms Molly Kapoor

#17 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3312/2015 PIONEER SECURITIES PVT LTD & ANR ..... Plaintiffs Through Ms. Peeyoosh Kalra, Advocate with Mr. S.C. Jain, Prop. of P-1 in person.

versus MS MOLLY KAPOOR ..... Defendant Through Mr. G.S. Narula and Mr. M. Sarwar, Advocates for D-2 and 3 with Mr. Kanwaljeet Singh, D-2 and Mr. Anil Narang, D-3 in person.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.05.2018 I.A. No. 6741/2018 Present application has been filed for impleadment on behalf of Ms. Sumanjeet Kaur.

In the present application, it has been averred that the applicant had been defrauded by the defendant no. 1 as the suit property had also been agreed to be sold to her besides others.

It has also been averred in the application that the applicant is willing to purchase the suit property from defendant nos. 2 and 3 as well as to settle the claim of the plaintiffs.

Keeping in view the said averments, present impleadment application is allowed. Let an amended memo of parties be filed within two days. CS(OS) 3312/2015 & I.A. 23283/2015, I.A. 11828-11829/2016, I.A. 12086-12087/2016 Learned counsel for the plaintiffs states that the plaintiffs wishes to delete defendant no. 1 from the array of parties with liberty to file both civil and criminal proceedings as well as pursue pending proceedings against the said defendant.

With the aforesaid liberty, defendant no. 1 is deleted from the array of parties. Let an amended memo of parties be filed within two days. I.A. No. 6740/2018 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 plaintiffs and remaining defendants as well as by the said parties to the litigation.

Present application is also supported by affidavits of the plaintiffs and the remaining defendants.

Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the Settlement Agreement dated 13th May, 2018.

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 Agreement.

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 and Settlement Agreement and is of the opinion that they are lawful. Consequently, the suit is decreed in accordance with I.A. 6740/2018 and in terms of the Settlement Agreement dated 13th May, 2018, a copy of which is marked as Ex. C-1 (Colly.). 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. Order dasti.

MANMOHAN, J MAY 14, 2018 rn