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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
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.
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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