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2018 Supreme(Del) 65

MANMOHAN
United India Periodicals Pvt. Ltd. – Appellant
Versus
CMYK Printech Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Ms. Shyel Trehan, Mr. Nikhil Ratti Kapoor
For the Defendant : Mr. Sanjiv Bahl, Mr. Suyash Singh, Mr. O.P. Gupta, Mr. K.K. Sharma, Mr. Anil Kumar Sahu, Mr. Rakesh Kumar, Mr. Anupam Sharma, Ms. Anubha Singh, Mr. Shishir Raj

JUDGMENT :

Manmohan, J.

I.A. 3831-3833/2017 in CS(COMM) 1074/2016

1. I.A. 3831/2017 has been filed by the defendant-applicant under Order XXIII Rules 3 & 3A of Code of Civil Procedure, 1908 (for short ‘CPC’) challenging the compromise settlement dated 11th November, 2016 arrived at between the plaintiff on one hand and the defendant on the other hand in terms of which the present suit was decreed. I.A. 3832/2017 has been filed for stay of operation of the judgment dated 23rd November, 2016 and I.A. 3833/2017 has been filed for exemption from filing true and typed copies of dim and illegible annexures.

2. Initially, this court wanted to hear the applications filed by the plaintiff in Execution Petition No.19/2017, including the one under Section 340, Cr.P.C. before pronouncing order in the applications filed by the defendant in the suit. But, as the reply-affidavit of Mr. O.P. Gupta was not filed in the execution petition for a long time and the court was closing for winter vacations, it was decided to reserve the order only in the present applications.

3. Mr. K.K. Sharma, learned senior counsel for defendant stated that Mr. O.P. Gupta was an old employee who in connivance with the plain




























































































































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