Anchor Investments Private Limited v. Shree Shyam Coal Company Limited

ODC-2 IA No.GA/1/2021 In CS/91/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANCHOR INVESTMENTS PRIVATE LIMITED -VersusSHREE SHYAM COAL COMPANY LIMITED

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 5th October, 2021.

Appearance:

Mr. Arijit Basu, Adv.

Mr. Arnab Dutt, Adv.

The Court: Learned counsel appearing for the plaintiff and the defendant submit that the dispute has been settled between the parties by way of a joint Terms of Settlement which has been signed by both the plaintiff and the defendant as well as their representatives as well as witnessed by Advocates on their behalf. The Terms are stamped indicating a date of 27th September, 2021. Clause 6 of the Terms records that both the parties intend to settle their disputes and differences and agree to withdraw the present suit being CS/91/2021 upon the defendant making a payment of Rs.5 lakhs against the claim of the plaintiff. Clause 6 further refers that the plaintiff shall not have any claim from the defendant after full and final settlement of the entire sum of Rs.5 lakhs.

Upon perusing the Terms and finding the same to be in accordance with law, this Court is of the view that CS/91/2021 may be decreed in accordance with the joint Terms of Settlement arrived at between the parties. All interim orders shall stand vacated and connected applications disposed of in terms of this order.

The respondent is represented.

The joint Terms of Settlement are kept on record. Since it has been pointed out that the required Court Fees have not been paid by the parties, this order shall come into effect subject to such Court Fees being paid. (MOUSHUMI BHATTACHARYA, J.) bp/R.Bhar