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M.B JEWELLERS & SONS PVT LTD & ORS ""' Plaintiffs
Through: Mr. Rajesh Yadav, Advocate'
Through: Mr. Pawan Narang with Mr' Anish Dhingra, Advocates.
And CS (OS) 2629 of 2010 JEWELLERS BHOLA ..... PlAiNtiff
Through: Mr. Rajesh Yadav, Advocate' JA' DINESH KUMAR GOGNA & ORS ..... DEfENdANtS
Through:Mr.PawanNarangwithMr'AnishDhingra' Advocates'
ORDER
1. These are applications filed by the Plaintiffs under order xxlll Rule 1 of CS (OS) Nos.2628 of2010 & 2629 of2010 Page I of[3] \ I i 2013:DHC:6689 \)i the Code of Civil Procedure, 1908 ('CPC') seeking permission to withdraw both the suits as well as the applications under Section 340 CrPC being Crl.M.A No. 13650 of 2012. These applications have been signed by Plaintiffs. The affidavits in support of the application have also been signed by the Plaintiffs.
2. It is stated that the parties have arrived at a settlement and the Memorandum of Understandings ('Mous') dated 17th August 2013 have been executed between them and are enclosed to the applications as Annexure A. The parties are bound by the terms and conditions contained therein.
3. The Joint Registrar ('JR') has recorded the statement of the parties on26h Augttst 2013.'Ihe said statements are taken on record which shall be treated forming part of the present order.
4. In that view of the matter, these applications are allowed. cs (o$ No. 2628 of 2010 & IA Nos. 18378 of 2011 (u/o 39 R 24 cPC). Crl.MA No. 13650 of 2012 (u/S 340 CrPC) CS (o$ No. 2629 of 2010 & IA Nos. 10384 of 2011. 308 of 2012 (u/o 39 BZA
5. Both the suits.ancl the pending applications are dismissed as withdrawn in CS (OS) Nos. 2628 of 2010 & 2629 of 2010 Poge 2 of 3 a t I 6CI terms of the MOU entered into between them on 17ft August 2013 which shall be treated forming part of the present order. Decree be drawn up accordingly. HAR, J AUGUST 29,2013 RK CS (OS) Nos.2628 of20t0 & 2629 of2010 Poge 3 of 3 v S.MURALID