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SONY ERICSSON MOBILE COMMUNICATIONS AB & ANR Plaintiff
Through Mr. Sachin Datta, Adv. with Mr.Jayant
Kumar, Adv.
Through Mr. Mahjabeen Tanweer, Adv.
08.07.2011 lA No.10562/2011(Under Order 23 Rule 3 CPC)
ORDER
1. This application has been jointly filed by the parties under Order
23 Rule 3 ofthe CPC placing the settlement arrived at between them on record. W 2. Mr.Shashikanta Sahoo, the constituted attorney of the plaintiffs has signed the application on behalf of plaintiffs which is accompanied by his affidavit. Mr. Arvind Singh, duly constituted attorney of the defendant company has signed the application on behalf of the defendants which is accompanied by his affidavit. The signatures of the parties are identified by learned counsel on behalf of the parties respectively.
3. The terms ofsettlement between the parties have been set out in 2011:DHC:19560 para 1 (a) & (b) of the application. Perusal of the application would show that the settlement between the parties is in writing and appears to be voluntary, bona fide and entered into without any kind of force, pressure or undue influence. There is no legal impediment for taking } the same on record. The parties have given undertakings to remain bound by the terms of settlement.
4. A prayer is made on behalf of both parties that the suit of the plaintiffs be decreed on terms detailed in para 1(a) & (b) of the application.
5. In view of the above, it is directed as follows:-
(i) The settlement between the parties by way of lA No.10562/2011 is accepted and taken on record.
(ii) The undertaking given by the parties are accepted. The parties shall remain bound by the terms of the settlement and undertaking W given to this court.
(ii) This application is allowed in the above terms.
6. In view of the settlement between the parties and the prayers made in lA No.10562/2011, which has been allowed today, it is directed that the suit shall stand decreed on terms and conditions set out in para - 3 - 1(a) & (b) of the application which shall form part of the decree. The parties shall remain bound by their undertakings and terms of settlement.
7. The decree in terms of the above shall be drawn up by the Registry. lA Nos.12679/2010
8. In view of the settlement between the parties and the decree passed in the suit today,this application is rendered infructuous and is disposed of as such. GIJA MITTAtrJ^ JULY 08, 2011 aa