Meenakshi Tea Company Limited v. Shree Shyam Coal Company Limited

ODC-2 ORDER SHEET IA NO.GA/1/2021 In CS/76/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE MEENAKSHI TEA COMPANY LIMITED VS SHREE SHYAM COAL COMPANY LIMITED

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 25th August, 2021.

[Via video conference] Appearance:

Mr. Arijit Basu, Adv.

... for the plaintiff Mr. Arnab Dutt, Adv.

... for the defendant The Court : The advocates on record on behalf of the plaintiff and the defendant submit that the parties have settled the dispute in the suit by way of a Joint Terms of Settlement dated 16th August, 2021 which has been signed on behalf of both the parties. It appears that Clause 7 of such Terms states that the parties have agreed to settle their dispute and differences and the plaintiff has agreed to withdraw the present suit upon the defendant paying Rs.15 lakhs against the entire claim of the plaintiff. It has been submitted that a substantial portion of the said sum has already been paid by the defendant to the plaintiff. Clause 8 further

states that the parties shall abide by the Terms of Settlement and shall not pursue any other claim against each other in respect of the present suit.

In view of the Joint Terms of Settlement which is found to be in accordance with law, this Court is of the view that CS No. 76 of 2021 may be decreed in terms of the Terms of Settlement arrived at between the parties.

CS No.76 of 2021 is accordingly decreed pursuant to the Terms of Settlement, which is kept on record. Interim orders, if any, shall stand vacated.

All connected applications are disposed of in terms of this order.

(MOUSHUMI BHATTACHARYA, J.) RS