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Astral Poly Technik Ltd vs Ms M K Polymers & Ors on 18 February, 2022

Author: Amit Bansal

Bench: Amit Bansal

$~9
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(COMM) 511/2020
       ASTRAL POLY TECHNIK LTD                                  ..... Plaintiff
                          Through       Ms. Jasleen Kaur and Mr. Sachin
                                        Gupta, Advocates

                          versus

       MS M K POLYMERS & ORS.                 ..... Defendants
                    Through   Mr. Pradeep Kumar Kar, Advocate

       CORAM:
       HON'BLE MR. JUSTICE AMIT BANSAL

                    ORDER

% 18.02.2022 I.A. No. 2822/2022 (for modification)

1. This application has been filed to modify para 3(x) of the Order dated 17th December, 2020 and para 5(x) of the Settlement Agreement dated 16th December, 2020 entered into between the parties.

2. Counsel for the applicant contends that inadvertently, in the Settlement Agreement as well as in the order dated 17th December, 2020 passed by this Court, the following sentence is recorded:

"The parties have agreed to request the Hon'ble Court to pass a decree as per paragraph 5(vii) of the Plaint in terms of the present Settlement Agreement."

It is stated that the above sentence should be read as:

"The parties have agreed to request the Hon'ble Court to pass a decree as per paragraph 5 of the present Settlement Agreement."

3. There is merit in the submission of the counsel for the applicant.

There seems to be an inadvertent error in noting that the suit was to be decreed in terms of para 5(vii) of the Settlement Agreement. The same stands rectified and shall be read as under:

"The parties have agreed to request the Hon'ble Court to pass a decree as per paragraph 5 of the present Settlement Agreement."

AMIT BANSAL, J.

FEBRUARY 18, 2022 Ab Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:21.02.2022 12:09:47 CS(COMM) 511/2020 Page 2 of 2