Rajokri New Green Farms Association v. M/S Leaflet Plantations Pvt Ltd & Others

1. This is an application under Order XXIII Rule 3 CPC which has been filed by the defendants No.1 and 2. Kuldeep Sharma, the Executive Director of the plaintiff who is present in Court submits that he has entered into an amicable settlement with the defendants No.1 and 2. He further submits that he has perused IA No.13560/2014 and he is agreeable that the present suit may be decreed in terms of the application and the sale deeds in his favour may be declared null and void. He submits that he has also signed the compromise/MOU dated 30.05.2013 executed between the plaintiff and defendants No.1 & 2 as also one Mr.Ramesh CS(OS) 1293/2010 2014:DHC:3999 Aggarwal. He identifies his signatures on this MOU which is marked as Ex.C-1. It is pointed out by counsel for the plaintiff and defendants No.1 and 2 that in terms of the settlement arrived at, the sale deed executed in favour of the plaintiff is liable to be cancelled as it was executed as a security for the amounts advanced by the plaintiff to the defendants No.1 and 2. The amount paid has been received back by the plaintiff in terms of three cheques totalling to Rs.9,66,525/-. Counsel for the defendants assures that the cheques will be encashed on presentation.

2. Counsel appearing for defendants No.3 and 4 submits that he has no objection to the settlement.

3. As prayed, the present suit is decreed in terms of Ex.C-1 which is the Memorandum of Understanding signed between the parties. G.S.SISTANI, J. AUGUST 20, 2014 dkb