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C. HARI SHANKAR
Upgrad Education Private Limited – Appellant
Versus
Intellipaat Software Solutions Private Limited – Respondent
ORDER (ORAL)
C. Hari Shankar, J.
CS(COMM) 132/2022 & I.A.2274/2023 (under Order XXIII Rule 3 of the CPC filed by plaintiff and defendant)
1. The disputes between the parties stand settled. The terms of settlement are contained in undertaking affidavits filed by the plaintiff and the defendant alongwith this application. Learned Counsel for the parties who are present in Court undertake, on behalf of their respective clients, to abide by the aforesaid affidavits.
2. As such, nothing survives for adjudication in the suit. The suit is accordingly decreed in terms of the aforesaid affidavits of undertaking dated 25th January 2023 of the plaintiff and 9th January 2023 of the defendant.
3. The suit stands decreed accordingly. Decree sheet be drawn up by the Registry. The plaintiff would be entitled to refund of the court fees, if any, deposited by it.
The court can decree a suit in terms of a settlement contained in undertaking affidavits filed by the parties, if nothing further remains for adjudication.
A settlement agreement binds the parties, allowing for a decree based on its terms, reinforcing the importance of procedural compliance in legal settlements.
A settlement agreement entered by parties is legally binding, and when presented in court, the matter is resolved with a decree reflecting the agreement.
Parties may settle disputes leading to a decree under Order XXIII, Rule 3 of the CPC, provided the terms are clear and binding.
The court upheld the Settlement Agreement as the basis for resolving the dispute and decreed the suit accordingly.
A suit can be decreed based on a mutual settlement between the parties, rendering further adjudication unnecessary.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
Enforceability and orderliness of the settlement agreement leading to the disposal of the suit and binding the parties to its terms
Enforcement of settlement agreements and the court's discretion to dispose of disputes based on lawful and binding settlement agreements.
Court allows settlement between parties under Code of Civil Procedure, confirming binding terms of the Settlement Agreement and disposing of the suit as nothing remains for adjudication.
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