Shree Gopal Sugar Company & Others v. Siel Limited & Others

ORDER o/o

16.11.2012 I.A. No. 20616/2012 rioint application u/O XXIII R 3 CPC^

¶1The present joint applicationhas been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an amicable settlement as recorded in the Compromise Deed dated 09.11.2012 (Annexure-A).

¶2Counsels for the parties state that in accordance with the terms and conditions of the settlement, the plaintiff No.l has agreed to pay to the defendant No.l, a sum of ?34,68,000/- in full and final settlement of all the inter se claims between the parties. Counsel for CS(OS)283/2009 No.l of3 the plaintiffshands over a pay order No.771565dated 14.11.2012for ?34,68,000/- drawn on the Union Bani<, Khari Baoli, which is duly accepted by the counsel for the defendants. Counsel for the defendants states that having received the aforesaid amount from the plaintiffsin full and final settlementof all the claims of the defendants, subject matter of the present suit as also a complaint filed by the defendant No.l against the plaintiffs under Section 138 of the Negotiable Instruments Act, registered as CC No.907/2011, the presentapplicationmay be allowed and the suit may be disposedof.

¶3The present application is signed by the plaintiffs. The Compromise Deed (Annexure A) enclosed with the application has been signed by the plaintiff No.2 for and on behalf of the plaintiffs No.l and 3 and by Ms. Vani Chandrashekhar, Sr. Chief Manager (Legal)for the defendantsNo.l and 2. Acopy of the Resolutionof the Board of Directors of M/s Mawana Sugars Limited,authorising Ms.Vani Chandrashekharto sign the CompromiseDeed is handed over by the learned counsel for the defendants and taken on record. Similarly,a letter of authority dated 05.11.2012 signed by Shri Ashok Kumar Kasera, one of the partners of the plaintiffNo.l, authorising the CS(OS)283/2009 ^ :?3 plaintiff No.2 to sign the Connpromise Deed is enclosed with the application.

¶4In view of the fact that the parties state that they have arrived at an out of Court settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impedimentin acceptingthe same. The parties shall remain bound by the terms and conditions of the settlement. The application is allowed and the suit is decreed in terms of the settlement.

¶5The suit is disposed of while leaving the parties to bear their own costs.

¶6At this stage, counsel for the plaintiffsstates that in view of the fact that the parties have arrived at an out of court settlement prior to the stage of framing of issues, the Registry may be directed to issue a certificate to enable the plaintiffto seek refund of 50% of the court fee paid on the plaint.

¶7Ordered accordingly. The Registry shall prepare a certificate under Section 16-A of the Court Fees Act in favour of the plaintiffs. HIMA KOHLI, J NOVEi^BER 16, 2012/rkb/mk CSCOS)283/2009 P^ge No.3 of 3

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 283/2009 SHREE GOPAL SUGAR COMPANY & OTHERS Plaintiffs Through: Mr. Lalit Gupta, Advocate with Mr. H.C. Sukhija, Advocate and plaintiff No.2 in person. versus SIEL LIMITED & OTHERS Defendants Through: Mr. Munindra Divedi, Advocate with Ms. Divya Bhalla, Advocate CORAM: HON'BLE MS. JUSTICE HIMA KOHLI