Swati Concast And Power Private Limited v. Core Minerals And ANR.

OCD-28 ORDER SHEET

IN THE HIGH COURT AT CLACUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM/163/2024 [Old No. CS/224/2019] SWATI CONCAST AND POWER PRIVATE LIMITED VS CORE MINERALS AND ANR.

BEFORE :

The Hon'ble JUSTICE KRISHNA RAO Date : June 16, 2025.

Appearance :

Mr. Sanwal Tibrewal, Adv.

Ms. Sutapa Mitra, Adv.

Ms. Rachita Arora, Adv.

... for the plaintiff Mr. Gaurab Das, Adv.

Mr. Mahesh Joshi, Adv.

Ms. Priyanka Gupta, Adv.

... for the defendant no.1

1. The matter is listed as "Undefended Suit" but when the matter is called learned Counsel for the plaintiff has placed an original settlement agreement entered between the plaintiff and the defendant on 5th May, 2025 wherein the parties have settled their dispute for a total sum of Rs. 1,10,00,000/-. In the said agreement the manner of payment is mentioned which reads as follows:

"Both the Parties have mutually agreed that the Settlement Amount shall be made by the Party of the Second Part to the Party of the First Part in manner given below on such terms and conditions

Sl. No. Description Amount (Rs.) 1.

On the date of signing this agreement 25,00,000 2.

Within 15days from the receipt of the 6,00,000 Webcopy of the Court Order 3.

One month from the first cheque 6,00,000 4.

One month from the second cheque 6,00,000 5.

One month from the third cheque 6,00,000 6.

One month from the fourth cheque 6,00,000 7.

One month from the fifth cheque 6,00,000 8.

One month from the sixth cheque 6,00,000 9.

One month from the seventh cheque 99,106 10.

One month from the seventh cheque 5,00,894 11.

One month from the eighth cheque 6,00,000 12.

One month from the ninth cheque 10,00,000 13.

One month from the tenth cheque 10,00,000 14.

One month from the eleventh cheque 11,00,000

2. Counsel for the respective parties submit that as the parties have settled their disputes by entering into settlement agreement, the suit may be disposed of and decree be drawn up by making the settlement agreement as part of the decree.

3. Considered the submission made by the counsel for the respective parties. Perused the settlement agreement entered between the parties on 5th May, 2025 wherein the parties have settled their disputes for a sum of Rs. 1,10,00,000/- and manner of payment is also mentioned.

4. Considering the above, this Court finds that there is no impediment to accept the settlement agreement entered between the parties.

5. In view of the above CS-COM/163/2024 [Old No. CS/224/2019] is disposed in terms of the settlement agreement entered between the parties on 5th May, 2025.

6. The settlement agreement be made as part of the decree. (KRISHNA RAO, J.) DB