Delhi High Court
Raghubir Saran Charitable Trust vs Raymond Ltd. on 2 November, 2015
Author: Hima Kohli
Bench: Hima Kohli
$~9.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3480/2014 and I.A. 22571/2014
RAGHUBIR SARAN CHARITABLE TRUST ..... Plaintiff
Through: Mr. Simran Mehta, Advocate
versus
RAYMOND LTD. ..... Defendant
Through: Mr.Parthiv J.Mehta, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 02.11.2015
1. Pursuant to the parties being referred to the Delhi High Court Mediation & Conciliation Centre, a Settlement Agreement dated 30.10.2015 has been filed whereunder, the defendant has agreed to remove the Board, described as Board No.1 in Annexure A-1, enclosed therewith, on or before 3.11.2015. Counsels for the parties jointly state that due to bonafide inadvertence, the photographs of Boards No.5 & 6 have not been enclosed with Annexure A-1. They hand over a duly signed copy of the document reflecting the screenshots of Boards No.5 & 6, which is taken on record.
2. Counsels for the parties state that in view of the fact that the defendant has agreed to remove Board No.1, no further dispute survives for adjudication and the suit may be decreed in terms of the CS(OS) 3480/2014 Page 1 of 3 settlement.
3. The Court has perused the Settlement Agreement dated 30.10.2015. The same has been signed by the Secretary of the plaintiff/trust and the authorized representative of the defendant and their respective counsels as also by the learned Mediator. Enclosed with the Settlement Agreement are the photographs of boards displayed by the defendant at the suit premises, which are six in number as reflected from the screenshots of the suit premises taken from different angles. As agreed by the parties, the defendant shall continue displaying Boards No.2 to 6, reflected in the screenshots, collectively enclosed with the Settlement Agreement as Annexure A-1. Board No.1 shall however be removed by the defendant by 3.11.2015.
4. As the counsels for the plaintiff and the defendant 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 Agreement. The parties shall remain bound by the terms and conditions of the settlement arrived at between them.
5. The Settlement Agreement dated 30.10.2015 is taken on record. The suit is decreed in terms of the settlement arrived at and recorded therein readwith Annexure A-1, while leaving the parties to bear their CS(OS) 3480/2014 Page 2 of 3 own expenses. Decree sheet be drawn accordingly.
6. The suit is disposed of, along with the pending application.
File be consigned to the record room.
HIMA KOHLI, J NOVEMBER 02, 2015 mk/rkb CS(OS) 3480/2014 Page 3 of 3