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HIGH COURT OF DELHI
CS(OS) 415/2014 & IA No.2760/2014
J.R RICE INDIA PRIVATE LIMITED ..... Plaintiff
Through : Mr. Nikhil Sachdeva, Advocate
Through : Mr. S.K. Bansal, Advocate
I.A. No.15329/2015 (joint application u/O XXIII R 3 CPC)
JUDGMENT
1. The present joint application has been filed by the parties stating inter alia that they have arrived at an out of court negotiated settlement during the pendency of the suit proceedings.
2. The terms and conditions of the settlement have been recorded in para 3 of the application, whereunder the defendant has given a series of undertakings to the plaintiff company and in terms of the said undertakings, the plaintiff has agreed that it shall not press for the relief of damages, etc., against the defendant.
3. Counsels for the parties jointly state that the suit may be decreed in terms of the settlement recorded in the present application.
4. The court has perused the present application. The same has been signed by the Director of the plaintiff/company and the proprietor 2015:DHC:6088 CS(OS) 415/2014 of the defendants No.1 and 3 and the Director of the defendant No.2/company as also by their respective counsels. The application is supported by the affidavits of the signatories to the application.
5. As the counsels for the plaintiff and the defendant jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The parties shall remain bound by the terms and conditions of the settlement. The terms and conditions contained in the application shall form a part of the decree.
6. The suit is decreed in terms of the settlement arrived at and recorded in para 3 the application, while leaving the parties to bear their own expenses.
7. The application is allowed and the suit is disposed of, along with the pending application.
8. File be consigned to the record room. HIMA KOHLI, J JULY 31, 2015 sk