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2023 Supreme(Del) 2077
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Upgrad Education Private Limited – Appellant
Versus
Intellipaat Software Solutions Private Limited – Respondent
CS(COMM) 132 of 2022 & I.A.2274 of 2023
Decided On : 06-02-2023
Important Points
Subject
Civil Law - Settlement and Decree
Headnote
Settlement - Civil Procedure - The court decreed the suit in terms of the settlement contained in the undertaking affidavits filed by the plaintiff and the defendant, and nothing further remained for adjudication.
Fact of the Case:
The disputes between the parties were settled, and the terms of settlement were contained in undertaking affidavits filed by the plaintiff and the defendant.
Finding of the Court:
The court found that nothing further remained for adjudication in the suit and accordingly decreed the suit in terms of the settlement contained in the affidavits.
Issues: The main issue was whether the settlement between the parties was sufficient to decree the suit and whether anything further remained for adjudication.
Ratio Decidendi: The court's decision was based on the settlement contained in the undertaking affidavits filed by the parties, which led to the conclusion that nothing further remained for adjudication in the suit.
Final Decision: The suit was decreed in terms of the settlement contained in the undertaking affidavits, and the plaintiff was entitled to a refund of the court fees, if any, deposited by it.
Mr. Mohit Goel, Mr.Sidhant Goel, Mr.Abhishek Kotnala, Mr.Deepankar Mishra and Mr.K.D. Sharma, Advocates, for the Plaintiff.
Mr.Nishchal Anand and Ms.Tanvi Jain, Advocates, for the Defendant.
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.
