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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
Important Points
Subject
Civil Law - Settlement
Headnote
Facts of the case:
The appellant and respondent reached a settlement, leading to an application for decreeing the suit in accordance with that settlement.
Findings of Court:
The suit was decreed in accordance with the terms of settlement, and the parties are bound by these terms.
Issues: Whether the suit can be decreed based on the settlement agreed upon by the parties.
Ratio Decidendi: The court found that the terms of the settlement were clear and binding, thus justifying the decree of the suit.
Result: The suit stands decreed as per the settlement.
| 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) |
ORDER (Oral)
(Video-Conferencing)
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.
