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2015 DAILYLAW 4146 (DEL)

FDC LIMITED v. DEEPAK BAHRI

2015-07-30

Hima Kohli

body2015
ORDER I.A. No.15076/2015 (joint application u/O XXIII R 3 CPC) 1. The present joint application has been filed by the parties stating inter alia that during the pendency of the suit proceedings, they have arrived at an out of court negotiated settlement. 2. The terms and conditions of the settlement have been recorded in paras 1 to 10 of the application, whereunder the defendants have given a series of undertakings to the plaintiff and in terms of the said undertakings, the plaintiff has agreed that it shall not press for the relief of damages and delivery up against the defendants. 3. Counsels for the parties jointly state that the suit may be decreed in terms of the settlement recorded in the present application. 4. The court has perused the present application. The same has been signed by the authorized signatories of the plaintiff and the defendant No.2 and the defendant No.1 and their respective counsels. The application is supported by the affidavits of the signatories to the application. 5. As the counsels for the plaintiff and the defendants jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement. The parties shall remain bound by the terms and conditions of the settlement. The terms and conditions contained in the application shall form a part of the decree. 6. The suit is decreed in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own expenses. 7. The suit as also the counter claim are disposed of, along with the pending applications. 8. File be consigned to the record room.