New Hind Silk House Private Ltd v. Manju Devi Nimawat And ANR

ODC-2 ORDER SHEET CS/125/2021 IA No. GA/1/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE NEW HIND SILK HOUSE PRIVATE LTD -VSMANJU DEVI NIMAWAT AND ANR.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : April 8, 2022.

Appearance:

Mr. Priyankar Saha, Adv.

Mr. Debraj Saha, Adv.

Ms. Debjani Ghosh, Adv.

Mr. Bhaskar Mukherjee, Adv.

Ms. Nafisa Yasmin, Adv.

...for the plaintiff Mr. Prateek Kasliwal, Adv.

Mr. Kushagra Saha, Adv.

...for the defendants The Court: Counsel for the plaintiff and the defendants are present. Counsel for both the parties have filed original Terms of Settlement executed between the parties on 21st March, 2022 and submitted before this Court that the parties have settled their disputes by entering into Terms of Settlement dated 21st March, 2022 and prayed for passing a decree in Terms of Settlement by making the same as part of decree. Counsel for the defendants further submits that in the Terms of Settlement the defendant no.1 has put her signature in Hindi which has been duly identified by a learned advocate appearing on behalf of the defendants. Though in the cause title the name of the defendant no.1 is mentioned as Manju Devi Nimawat but the defendant no.1 has signed the Terms of

Settlement in Hindi as Manju Nimawat. Signature of defendant no.1 in the Terms of Settlement in Hindi as Manju Nimawat is accepted as both the parties have not disputed the signature of defendant no.1. The Terms of Settlement entered between the plaintiff and the defendants is taken on record.

It is further submitted by the counsel for the defendant no.1 that the defendant no.1 has put her signature in Hindi as Manju Nimawat in the Vakalatnama also. Counsel for the defendants is directed to file Vakalatnama of Manju Nimawat (defendant no.1) which is executed in Hindi and the department is directed to accept the same, if the learned advocate on record is enrolled in the Original Side of this Court.

In Terms of Settlement dated 21st March, 2022 executed between the plaintiff and the defendants, CS/125/2021 along with IA No. GA/1/2021 is accordingly disposed of.

The Terms of Settlement be treated as part of Decree. Decree may be drawn accordingly.

(KRISHNA RAO, J.) sp3