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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Allied Blenders and Distillers Private Limited - Appellant
Versus
Prakash Distillery and Chemical Co. Private Limited - Respondent
CS(COMM) 58 of 2021 & I.A. 9096 of 2021
Decided On : 28-07-2021
| Table of Content |
|---|
| 1. application for suit decree under settlement (Para 1) |
| 2. decree issued as per settlement terms (Para 2 , 3 , 4 , 5 , 6) |
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I.A. 9096/2021(under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (CPC)-for decreeing of the suit in terms of the settlement between the parties)
1. This is an application under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (CPC), for decreeing of the suit in terms of the settlement between the parties, the terms of which have been enumerated in Paras 2 and 8 of the application.
2. The terms of settlement, as enumerated in Paras 2 and 8 of the application, would, therefore, be treated as a part of this order and the parties shall remain bound thereby.
3. The present suit is, therefore, decreed in terms of the settlement arrived at between the parties.
4. The Registry is directed to draw up a decree sheet accordingly.
5. The petitioner is also entitled to refund of 50 % of the court fees deposited.
6. The application stands allowed and the suit stands decreed.
Parties may settle disputes leading to a decree under Order XXIII, Rule 3 of the CPC, provided the terms are clear and binding.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
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.
Settlement terms agreed upon by parties can resolve litigation, requiring court endorsement and issuing of decrees consistent with those terms.
A settlement agreement binds the parties, allowing for a decree based on its terms, reinforcing the importance of procedural compliance in legal settlements.
A suit can be decreed based on a mutual settlement between the parties, rendering further adjudication unnecessary.
A settlement agreement entered by parties is legally binding, and when presented in court, the matter is resolved with a decree reflecting the agreement.
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.
Enforcement of settlement terms under Order XXIII Rule 3 of CPC and decreeing of the suit in terms of the settlement
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
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