Full Text
CS(OS) No. 544/2011 M/S MADRAS TOOLS AND TACKLES LTD Plaintiff .
Through Mr. Rupesh Tyagi, Adv. with Mr. Ravi Prakash, authorized representative in person.
Through Ms.Ekta Mehta, Adv.& Ms. Meenu Pandey,Adv. with Ms. Gayatri Kapur, Director of defendant in person.
19.09.2011
ORDER
1. Statements of Mr. Ravi Prakash, authorized representative of the plaintiff and Ms. Gayatri Kapur, Director of the defendant in support of the settlement agreement dated 17"^ August,2011 have been recorded. The parties have stated that they have resolved all disputes in terms of Exh.P-ll which is a settlement agreement dated 17^'' August,2011. The plaintiff has agreed to receive the amount of Rs.27,24,230/- in full and final settlement of the suit claim.
2. The manner in which the amount would be paid is set out in para 6(a) of Exh.P-ll. The defendant has given an undertaking to remain bound by the terms of the settlement. 2011:DHC:15193 - 2 -
3. The settlement is In writing and duly signed by and on behalf of the parties herein. The same appears to be voluntary, bona fide and entered into without any kind offorce, pressure or undue influence.
4. The parties have prayed that the suit be decreed in terms of the settlement detailed in para 6 of the settlement agreement dated l?"" August, 2011 (Exh.P-ll)
5. In view of the above, it is directed "that the plaintiff's suit shall stand decreed on terms and conditions detailed in para 6 of the settlement agreement dated 17"^ August, 2011 (Exh.P-ll) which shall form part of the decree sheet.
6. The undertakings given by the parties are accepted and they shall remain bound by the same.
7. The decree in terms of the above shall be drawn up by the Registry. I
8. In view of the settlement arrived at between the parties at the initial stages, the Registry is directed to issue a certificate in the prescribed formatto enable the parties to secure refund ofthe courtfee in accordance with Section 16 of the Court Fee Act & Section 89 of the CPC. lA No.3552/2011
9. In view of the settlement arrived at between the parties, no issue survives for adjudication in the present application and the same is disposed of. mittaCT SEPTEMBER 19, 2011 aa