Full Text
CS(OS) 2009/2010
AKSHAY SOBTI & ORS Plaintiffs
Through : Mr. A.K. Mishra, Advocate with GPA holder of the plaintiffs in person.
Through : Mr. Ujjawal Kumar Jha, Advocate with AR of the defendant in person.
[1 + CS(OS) 128/2011 ICICI BANK LTD Plaintiff
Through : Mr. Ujjawal Kumar ]ha, Advocate with AR of the plaintiff in person.
Through : Mr. A.K. Mishra, Advocate with GPA holder of the defendants in person.
30.05.2013 IA No.9334/2013 in CS(OS) 2009/2010 and IA No.9494/2013 in CS(OS) 128/20 11 (joint aønlicationS u/O XXIII R-1 & 3 CPC)
ORDER
1. The present joint applications have been filed by the parties stating inter a/ia that they have set out the details of the terms and CS(OS) 2009/2010 & CS(OS) 128/2011 2013:DHC:6698 conditions of the settlement, as broadly recorded in the order dated 16.5.2013.
2. Counsels for the parties state that the terms and conditions of the settlement arrived at between the parties have been detailed in para 3 of the application and in furtherance thereto, the defendant/ICICI Bank has handed over pay orders for the amount payable to the plaintiffs and in turn, the plaintiffs have returned the • security amount to the defendant/ICICI Bank.
3. In view of the aforesaid settlement arrived at between the parties, counsels for the parties jointly state that the present suits may be disposed of.
4. The Court has perused the present applications. The same have been signed by Mr. Kuldeep Sobti, power of attorney holder of the plaintiffs as also by the authorized signatory of the defendant! ICICI Bank and their respective counsels. The same is supported by the affidavits of the signatories to the applications. In view of the. aforesaid settlement arrived at between the parties 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 present applications. CS(OS) 2009/20 10 & CS(OS) 128/20 11
5. Accordingly, the applications are allowed and the suits are decreed in terms of the settlement recorded in the applications. The parties shall remain bound by the terms and conditions of the settlement.
5. The suits are disposed of, while leaving the parties to bear their own costs.. HIMA KOHLI,) MAY 30, 2013 sk.