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2025 DAILYLAW 37983 (DEL)

PRAKASH CHANDER AND ORS. v. PADAM GARG AND ORS.

CS(OS)/366/2005 · 2025-04-03

Purushaindra Kumar Kaurav

body2025

Judgment text

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$~O-20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 366/2005 and I.A. 7583/2025 PRAKASH CHANDER AND ORS. .....Plaintiffs Through: Mr. Satya Saharwat and Mr. Aditi Laxman, Adv. with plaintiff No.1(a) versus PADAM GARG AND ORS. .....Defendants Through: Mr. Gurkamal Hora, Mr. Kushal Gupta and Ms. Tanya Aggarwal, Advs. for D-1 to 4 with D-1 to 4 in person Defendant No.3(a) and 5(g) in person CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 03.04.2025 I.A. 7583/2025 (under Order XXIII Rule 3 read with Section 151 CPC, 1908 for taking on record settlement agreement dated 18.03.2025 and disposal of the suit) 1. Heard on the joint application for placing on record the settlement agreement. 2. It is submitted by the parties that the matter stood settled and the terms of settlement have been recorded vide settlement dated 18.03.2025. 3. Order XXIII, Rule 3 authorizes the Court to pass a decree on a compromise wherein the parties to the dispute have made an arrangement to settle the dispute. It has been comprehensively stated in the provision that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 11:53:19 the settlement arrived at should meet the essentials laid down therein, namely, (i) the compromise is lawful (ii) it is reduced in writing (iii) it is duly signed by the parties arriving at the compromise. 4. The settlement has been agreed upon without fear or coercion and the parties appear to have entered into the settlement agreement on their own volition. 5. The Court is also satisfied that the settlement has been arrived at between the parties following due procedure and meeting the essentials specified in Order XXIII, Rule 3. Therefore, the parties shall be bound by the settlement agreement. 6. During the Court of the hearing, learned counsel for defendants No.1, 3, and 4 handed over 10 (ten) demands drafts to learned counsel for the decree holder. The details of the said demand drafts are elucidated hereunder:- a) No.032143 and No.006347 dated 21.03.2025 for an amount of Rs.8,12,500/- each in favour of Mr. Arun Aggarwal. b) No.032146 and No.006346 dated 21.03.2025 for an amount of Rs.8,12,500/- each in favour of Mr. Praveen Aggarwal. c) No.032145 and No.06345 dated 21.03.2025 for an amount of Rs.16,25,000/- each in favour of Mr. Madhukant Agrawal. d) No.032144 and No.006344 dated 21.03.2025 for an amount of Rs.16,25,000/- each in favour of Mr. Sanjay Prakash Agrawal. e) No.032147 and No.006343 dated 21.03.2025 for an amount of Rs.16,25,000/- each in favour of Mr. Vijay C Agarwal. 7. A photocopy of the said demands drafts has been placed on record. 8. The original demand drafts amounting to Rs.32,50,000/- are undertaken to be handed over to the decree-holder during the course of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 11:53:19 day. The details of the said demand drafts, which are undertaken to be handed over, as submitted by the learned counsel, are noted hereunder:- a. No.032148 and No.006342 dated 21.03.2025 for an amount of Rs.16,25,000/- each, in favour of Mr. Satesh C. Agrawal. 9. In view of the aforesaid, the instant civil suit stands decreed in terms of the settlement dated 18.03.2025. 10. The Registry is directed to draw-up a decree sheet. 11. The civil suit, along with the pending applications, stands disposed of. PURUSHAINDRA KUMAR KAURAV, J APRIL 3, 2025/DPA/SP Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 11:53:19