2025:HHC:582 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COMS No.27 of 2018 Date of Decision: 03.01.2025 _______________________________________________________ M/s Shankar Trading Company Pvt. Limited …….Plaintiff Versus M/s J.P.G. Woods Traders Pvt. Limited and others … Defendants _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Plaintiff: Mr. K.D.Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate. For the Defendants: Mr. M.A.Safee, Advocate, for defendants No.1 and 2. Mr. Ashok Kumar Tyagi, Advocate, for defendant No.3. _______________________________________________________ Sandeep Sharma, Judge(oral): Plaintiff herein filed suit under Order 7 Rules 1 and 2 read with Section 26 CPC for recovery of Rs. 2, 55, 99,242/- against the defendants. 2. Though, pursuant to the notices issued in the instant proceedings, defendants filed written statement, but before the case at hand could be heard and decided on its own merit, parties agreed for amicable settlement and as such, this Court on the joint request of learned counsel for the parties, referred the matter to the mediation of Sh. N.K.Sood, learned Senior Advocate. 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:582 3. It is heartening to note that with the sincere efforts put in by above named learned Mediator, parties have been able to settle their dispute amicably interse them. 4. Careful perusal of order dated 04.12.2024, passed by learned Mediator, which is ordered to be made part of the instant proceedings, reveals that parties have been able to settle their dispute amicably for a total sum of Rs. 78,50,000/- payable by the defendants. 50% of the amount, as detailed hereinabove, has been agreed to be paid by defendants No.1 and 2 and remaining 50% by defendant No.3. Apart from the compromise deed adduced on record, plaintiff as well as defendants have settled the terms of the settlement before the learned Mediator duly signed by the parties, which are also ordered to be made part of the instant proceedings. 5. While fairly acknowledging factum with regard to compromise as well as statements given by the parties, learned counsel representing the parties state that suit can be decreed in terms of the compromise arrived interse parties. It has been fairly admitted by learned Senior counsel representing the plaintiff that in terms of the compromise, sum of Rs. 20 lakh has been already received, whereas remaining amount shall be paid as per agreed terms. Compromise taken on record is exhibited as Ex. PA. 3 2025:HHC:582 6. Consequently, in view of aforesaid amicable settlement arrived interse parties, suit of the plaintiff is ordered to be decreed as compromised and plaintiff herein is held entitled to sum of Rs. 78,50,000/- payable by the defendants, as detailed hereinabove, with the further condition that in case, amount agreed to be paid in terms of the compromise, is not paid, defaulting defendant shall be liable to pay the entire suit amount i.e. Rs. 2, 55, 99,242/- as per terms and conditions of the compromise(Ex.PA). Needless to say, parties shall always be under obligation to abide by the terms and conditions of the compromise, failing which, they would render themselves liable for penal consequences as well as contempt of the Court. The terms and conditions of the compromise as recorded before the learned Mediator on 4.12.2024 (Ex.PA) shall form the part of the decree. 7. Registry is directed to draw the decree in terms of the compromise. Court fee shall be refunded to the plaintiff in terms of the rules. 8. In the aforesaid terms, the present suit is disposed of alongwith pending applications, if any. (Sandeep Sharma), Judge January 03,2025 (shankar)