JUDGMENT (Oral)

1. Defendants 2 and 3 in the present suit are persons in control of Defendant 1.

2. The defendants were earlier represented by one Ms. Heeba Ansari. However, no one appeared on their behalf either on 27 March 2023 or on 11 April 2023.

3. On 14 July 2023, Ms. Ansari appeared and submitted that, she had lost touch with the defendants and sought to withdraw her Vakalatnama. The Court, therefore, directed court notice, without process fee, to issue to the defendant to enter appearance today.

4. The office report from the Registry indicates that court notice was duly served on all the defendants. None of the defendants are, however, present, despite service of court notice.

5. The defendants have also not chosen to contest the present suit by way of any written statement.

6. Though certain earlier orders record the statement of the learned Counsel for the parties that the dispute stood settled, and that an application would be moved under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC). Mr. Lakshay Kaushik, the learned Counsel for the plaintiff submits that the defendants never came forward to sign the terms of settlement.

7. The defendants have not only failed to