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2022 Supreme(P&H) 939

MANJARI NEHRU KAUL
GSM Technologies Private Limited – Appellant
Versus
Dr. Veena Anand – Respondent


Advocates:
Mr. Saurabh Gautam, Advocate, for the Appellant; Mr. Tushar Sharma, Advocate, Mr. Akshay Bhan, Sr. Advocate with, Mr. Dharam Bir, Advocate, Mr. Shashank Kabir, Advocate and, Mr. Abhijeeet Singh Rawaley, Advocate, for the Respondent.

JUDGMENT

ORDER

Manjari Nehru Kaul, J. - The petitioner company (hereinafter referred to as the 'defendant') has preferred the instant revision petition under Article 227 of the Constitution of India seeking setting aside of the order dated 07.03.2022 (Annexure P-28), passed by the District Judge, Gurugram, vide which the appeal filed by the defendant was dismissed in limine on the ground of maintainability.

2. Before proceeding further, it would be relevant to give a brief sequence of events leading to the instant revision petition.

3. A civil suit for specific performance and permanent injunction was instituted by the plaintiff (respondent herein) against the defendant. One Ravi Kumar claiming himself to be a representative of the defendant company put in an appearance on its behalf, after engaging a counsel. The civil suit thereafter was disposed off on the basis of a compromise effected between the parties. Admittedly, neither any dispute was raised before the trial court with respect to the compromise arrived at between the parties nor was there any controversy between the parties qua the terms and conditions of the compromise. The trial court passed a consent decree dated 22.12.20

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