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Calcutta High CourtCS/147/2023disposed

Drishti Powertech Llp v. Nsk Bearings India Pvt Ltd And ORS

2024-01-18Hon'Ble Justice Arindam Mukherjee2 pages

OCD-1 ORDER SHEET CS 147 of 2023 IA GA No.1 of 2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (COMMERCIAL DIVISION) DRISHTI POWERTECH LLP VS.

NSK BEARINGS INDIA PRIVATE LIMITED & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 18th January, 2024.

Mr. Abhrajit Mitra, Sr. Adv., Mr. Chayan Gupta, Advocate for the plaintiff.

Mr. Pradeep Sancheti, Advocate for defendant no.1. Mr. Rohit Das, Ms. Kishwar Rahman, Ms. Divya Jyoti Tekriwal, Advocates for proforma defendant no.17.

Mr. Pradip Tarafder, Mr. Subir Pal, Advocates for proforma defendant no.8. The Court : The plaintiff and the defendant no.1, being the principal defendant have entered into an out of Court settlement which is recorded in a document with the nomenclature 'Settlement Terms' (hereinafter referred to as the Terms of Settlement). The said Terms of Settlement has been signed on 9th January, 2024 by the representatives of the plaintiff and the defendant no.1 as also by their respective Advocates. The said Terms of Settlement placed before the Court is taken on record. Although, the said document has been executed by and between the plaintiff and the defendant no.1 but the plaintiff intends to abandon all its claim as against the other defendants so that the suit can be brought to an end once for all. The defendant no.1 and the other defendants present also do not have any objection for taking into record the Terms of Settlement and

passing a decree in terms thereof.

Considering the document and the submissions made on behalf of the plaintiff and the defendants, the suit is decreed in terms of the Terms of Settlement with the said Terms of Settlement dated 9th January, 2024 forming part thereof. Let the decree be drawn up expeditiously. The Special Officer stands also discharged by consent of the parties. Nothing further remains to be adjudicated in the suit. The suit is accordingly disposed of as against all the defendants. All connected applications are also disposed of. (ARINDAM MUKHERJEE, J.) pa