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CS(OS)No.1085/2011 TATASONSLIMITED Plaintiff
Through Mr.Reuben Cheriyan,Adv.
Through Mr.H.ChandraShekhar and Mr. Subramonium Prasad,Advs.for def.nos.
1-2
13.10.2011
ORDER
1. The matter has been settled between the plaintiff on one hand and defendant nos. 1 and 2 on the other hand vide Settlement Agreement dated August, 2011 arrived at between the parties before the Delhi High Court Mediation and Conciliation Centre. This agreement has been placed in original before the court.
2. Learned counsel for the parties have respectively identified the signatures ofthe plaintiffas well as defendantno.1on the said SettlementAgreement. The defendant no.1 has signed the Settlement Agreement also as the sole proprietor of defendant no.2.
3. The terms ofthe settlement have been set outin para 8 ofthe Settlement Agreement. 2011:DHC:15204 ItispointedoutbythepartiesthatintermsofparaSCi)ofthesettlement^ 4- -2thedefendantnos.iand2havealreadypaidanamountofRs.50,000/-towards litigation eoststothe plaintiff.
5. ThesettlementisinwritinganddulysignedbythepartiesbeforetheDelhi High Conrt Mediation and Conciliation Centre as well astheir eounsel and the learned mediator.
6. The defendants have given an undertaking to remain bound bythe terms ofsettlement.
7. The settlement appears to be voluntary, bona fide and entered into without any kind of force, pressure or undue influence. There is no legal impedimentfortaldngthesame on record.
8. The parties have prayed thatthe suit be decreed in terms ofpara 8ofthe Settlement Agreement dated 5^'' August, 2011 and paras 26(1)to 26(iii) of the plaint. The prayers madein para26(iv)to 26(vi)areabandonedbytheplaintiff.
9. In view ofthe above,itis directed asfollows;-
(i) TheSettlementAgreementdated 5'^^August,2011isaccepted andtakenon record and the partiesshallremain bound bythesame.
(ii) The undertakings given by the defendants are hereby accepted and shall bind the parties.
(iii) Thesuitofthe plaintiffstand decreedinterms ofpara8ofthe Settlement
(iv) The prayers madein para 26(iv)to 26(vi)shallstand abandoned bythe plaintiff.
(v) Theregistryshalldrawupthedecreesheetintermsofthisorder.
TA Nos.7:^2Q/2011 andlA No.ic;c;oo/2011 In view of the suit having been decreed, nothing survives for adjudicationinthese applicationsandthesameare disposed ofassuch. GIT^^ITTALra OCTOBER 13,2011 Sd