Full Text
Through Ms.Jaya Negi, Adv.
Through Mr. Maruf Khan, adv.
26.08.2011 lA No.13430/2011(Under Order 23 Rule 3 CPC)
ORDER
1. This application has been jointly filed by the plaintiffs and defendants under Order 23 Rule 3 of the CPC placing a settlement arrived at between them on record. ■
2. On behalf of the plaintiffs, the application is signed by Mr. Achuthan Sreekumar, constituted attorney of the plaintiffs. On behalf of the defendants, the application is signed by Mr.Rakesh Kumar Sharma, authorized signatory. The parties have placed copy of the resolution dated 14"" August, 2010 passed by M/s Genus Power Infrastructures Limited authorizing Mr. Rajendra Kumar Agarwal, its Director, to sign the present application. Based on this resolution, Mr. Rajendra Kumar Agarwal, director of the company has authorized Mr. Rakesh Kumar Sharma, Senior Executive (Legal) of the company to sign the application. True copy of a resolution dated lA'*" August,2010 2011:DHC:1957[6] r - 2 of M/s Genus Power Infrastructures Limited and authorization letter dated 18"^ July,2011 have been placed on record. Learned counsel for the parties have identified the signatures of Mr. Achuthan Sreekumar & Mr. Rakesh Kumar Sharma respectively on the application and the affidavits in support.
3. The terms of settlement between the parties have been set out in paras 2 to 8 ofthe application and para 53(a)&(e)ofthe plaint.
4. 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 plaintiffs be decreed on terms detailed in paras 2 to 8 of the application and para 53(a)&(e) of the plaint.
7. In view of the above, it is directed as follows:-
(i) The settlement between the parties detailed in paras 2 to 8 of this application is accepted and taken on record.
(ii) The defendants shall remain bound by the terms ofthe settlement and undertaking given to this court.
(iii) This application is allowed in the above terms.
8. In view of the settlement between the plaintiffs and defendants and the prayers made in lA No.13430/2011, which has been allowed today, it is directed that the suit as against the defendants shall stand decreed on terms and conditions set out in para 2to 8 ofthe application and para 53(a)&(e)ofthe plaint, which shall form part ofthe decree. ^ 9. The prayer made in para 53(b),(c)&(d)ofthe plaint is rejected. The parties shall remain bound by their undertakings and terms of settlement.
10. The decree in terms of the above shall be drawn up by the Registry.
11. In terms ofthe settlement, learned counsel for the defendants has handed over a cheque for the total sum of Rs.5,00,000/- to learned counsel for the plaintiffs in court today. lA No.2848/2011
12. In view of the suit having been decreed, this application does not survive for adjudication and is disposed of. gi/a mijtaCj AUGUST 26, 2011 aa