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CS(OS) No. 252/2010 HERO HONDA MOTORS LIMITED Plaintiff
Through Ms. Divya Vijan, Adv. with Mr. Raunao Kamath, Adv.
Through Ms.Ashima Markandeya,Adv.for D-1 & 2.
19.08.2011 lA No.13141/2011(Order 23 Rule 3 CPC)
ORDER
1. This application has been jointly filed by the parties under Order
2. On behalf of the plaintiff, the application is signed by Ms. Purnnima Dogra, who is constituted attorney of the plaintiff. On behalf of the defendant nos.l & 2, the application is signed by Mr. Polaram Patel,sole proprietor of defendant no.l and by Shri Shekhar Kumar Nagi, authorized partner of the defendant no.2 respectively. The application is supported by their affidavits.
3. Learned counsel for the parties identify the signatures of Ms. Purnima Dogra, Mr. Polaram Patel and Mr. Shekhar Kumar Nagi on the application and affidavits respectively. 2011:DHC:1954[6] -2- \
4. The terms of settlement between the parties have been set out in paras 1 to 8 of the application. The parties have given undertakings in the application to remain bound by the terms of the settlement.
5. Perusal of the application and the affidavits would show that the settlement between the parties is in writing and appears to be voluntary, bona fide and entered into without any kind offorce, pressure or undue influence. There is no legal impediment for taking the same on record.
6. A prayer is made on behalf of both parties that the suit of the plaintiff be decreed on terms detailed in paras 1 to 8 of the application and para 21(a),(b),(c)&(g)ofthe plaint.
7. In view of the above, it is directed as follows:-
(i) The settlement between the parties detailed in paras 1 to 8 ofthis application is accepted and taken on record.
(ii) The undertakings given by the parties in this application are accepted. The defendants shall remain bound by the terms of the settlement and undertaking given to this court.
(iii) This application is allowed in the above terms.
8. In view ofthe settlement between the plaintiff and defendants and the prayers made in lA No.13141/2011,which has been allowed today,it - 3 - \ is directed that the suit as against the defendants shall stand decreed on terms and conditions set out in para 1 to 8 of lA No.13141/2011 and prayers in para 21(a),(b),(c)&(g)ofthe plaint which shall form part of the decree.
9. The remaining prayers made the plaint for rendition of account and damages in the suit shall stand rejected.
10. The parties shall remain bound by their undertakings and terms of settlement.
11. The decree in terms of the above shall be drawn up by the Registry.
12. In terms of the settlement,the defendants had agreed to pay an amount of Rs.65,000/- each in lieu ofthe litigation costs incurred by the plaintiff. It is submitted by the parties that this amount has been received by the plaintifffrom the defendants. lA Nos.1957/2010 & 7523/2011
13. In view of the orders passed in the suit, these applications do not survive for adjudication and are dismissed. GIfA MITTSlj AUGUST 19, 2011 aa