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CHANDRA DHARI SINGH
Trimurti Construction Developers & Builders – Appellant
Versus
National Building Construction Corporation – Respondent
ORDER
CHANDRA DHARI SINGH, J. (Oral)
I.A. 2903/2023 (Under Order XXIII Rule 3)
1. The instant application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of both the parties seeking the following reliefs:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to record the above compromise and be further pleased to pass a decree in favour of the Plaintiff and against the defendant in the sum of Rs.27,96,002/- (Twenty Seven Lakh Ninty Six Thousand and Two Rupees only)in terms of compromise agreement dated 6th January, 2023 that is Ex C-1 and the above said suit may be disposed of accordingly."
2. Mr. Ranjan Kumar, the partner of the plaintiff's partnership firm is present in person. Mr. Yashraj, AM(Law) is also present on behalf of defendant-NBCC.
3. Learned counsel for the parties submitted that the dispute giving rise to the instant suit has been amicably settled between the parties vide Settlement Agreement dated 6th January, 2023.
4. It is submitted on behalf of the parties that during the pendency of the present suit, the parties have amicably settled all their disputes regarding th
The main legal point established is the enforceability of a Settlement Agreement under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, and the court's authority to pass a decree based on suc....
The court has the discretion to permit parties to settle their disputes in the interest of justice, and a compromise/settlement agreement can be allowed if found to be legal.
Settlement terms agreed upon by parties can resolve litigation, requiring court endorsement and issuing of decrees consistent with those terms.
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