FDC LIMITED v. DEEPAK BAHRI & ANR

Delhi High Court · 30 Jul 2015 · 2015:DHC:6056
Hima Kohli
CS(OS) 2336/2014
2015:DHC:6056
civil appeal_allowed

AI Summary

The Delhi High Court decreed a civil suit in terms of a voluntary out-of-court settlement reached by the parties during the pendency of the suit.

Full Text
Translation output
CS(OS) 2336/2014
HIGH COURT OF DELHI
CS(OS) 2336/2014, CC No. _____________and
IAs No.14583/2014, 16650/2014, 19356/2014, 24989/2014, 7200/2015 and 10666/2015.
FDC LIMITED ..... Plaintiff
Through : Ms. Tanya Verma, Advocate
VERSUS
DEEPAK BAHRI & ANR ..... Defendants
Through : Mr. Sanjay Agnihotri, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 30.07.2015
I.A. No.15076/2015 (joint application u/O XXIII R 3 CPC)
JUDGMENT

1. The present joint application has been filed by the parties stating inter alia that during the pendency of the suit proceedings, they have arrived at an out of court negotiated settlement.

2. The terms and conditions of the settlement have been recorded in paras 1 to 10 of the application, whereunder the defendants have given a series of undertakings to the plaintiff and in terms of the said undertakings, the plaintiff has agreed that it shall not press for the relief of damages and delivery up against the defendants.

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 2015:DHC:6056 CS(OS) 2336/2014 been signed by the authorized signatories of the plaintiff and the defendant No.2 and the defendant No.1 and 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 defendants 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 the application, while leaving the parties to bear their own expenses.

7. The suit as also the counter claim are disposed of, along with the pendi006Eg applications.

8. File be consigned to the record room. HIMA KOHLI, J JULY 30, 2015 sk