Concast Cement Pvt Ltd. v. Indra Kumar Mohta

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS 102 of 2022 IA No.GA 1 of 2022, GA 2 of 2022, GA 3 of 2022 CONCAST CEMENT PRIVATE LIMITED VS.

INDRA KUMAR MOHTA

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 8th February, 2024.

Mr. S. K. Kasera, Mr. Dipanjan Das, Advocates for plaintiff. Mr. Sushovit Dutt Majumder, Mrs. Pubali Sinha, Mrs. Ratnadipa Sarkar, Advocates for defendant.

The Court : The parties jointly submit that they have arrived at an out of Court settlement which was recorded in a memorandum of settlement dated 6th December, 2023 and a supplementary agreement dated 20th January, 2024 and finally in a Terms of Settlement dated 20th January, 2024 to which photocopies of the aforesaid memorandum of settlement and the supplementary agreement are annexed. The Terms of Settlement has been signed by the plaintiff and the defendant and counter-signed by their respective Advocates. The plaintiff, in view of the settlement, does not intend to proceed any further with the suit. The original Terms of Settlement placed before the Court is taken on record. It appears that the parties have entered into a lawful compromise.

In the aforesaid facts and circumstances, let the suit be decreed in terms of the Terms of Settlement. The Terms of Settlement dated 20th January, 2024 be made part of the decree. The suit is accordingly disposed

of.

Since the suit is being disposed of, all pending applications filed in the suit are also disposed of.

Interim order, if any, stands vacated. Receiver, if any also stands discharged.

Let the decree be drawn up expeditiously.

(ARINDAM MUKHERJEE, J.) pa