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M/S Ha Tractor Spare Exports vs M/S. Vraj Tractor Industries & Anr on 21 November, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~28
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 110/2022
                                M/S HA TRACTOR SPARE EXPORTS           ..... Plaintiff
                                             Through: Mr.       Sushant       Kr.      and
                                             Ms. Shikha Singh, Advocates.

                                                    versus

                                M/S. VRAJ TRACTOR INDUSTRIES & ANR. ..... Defendants
                                              Through: Mr. Rajeev M. Roy, Advocate
                                              for D-1.
                                              Mr. Gunjan Kumar, Advocate for D-2.
                                CORAM:
                                HON'BLE MS. JUSTICE JYOTI SINGH
                                                    ORDER

% 21.11.2022 I.A. 19208/2022 (under Order XXIII Rule 3 CPC, by parties)

1. Present application has been preferred jointly on behalf of the Plaintiff and Defendants under Order XXIII Rule 3 CPC, for recording of settlement.

2. It is averred in the application that with the intervention of the family members and other well-wishers, the disputes inter se between the parties have been settled and a Memorandum of Understanding has been executed between the parties i.e. Plaintiff's Sole Proprietor and Defendants' Sole Proprietors at Jodhpur on 02.10.2022. Copy of the Memorandum of Understanding dated 02.10.2022 has been appended to the application.

3. Application is duly signed by the Sole Proprietors of Plaintiff and the Defendants and is also counter signed by learned counsels for the parties. The same is also supported by their respective affidavits.

4. This Court has perused the terms of Memorandum of Understanding dated 02.10.2022 and finds the same to be lawful.

5. Needless to state, the parties shall remain bound by the terms of the Memorandum of Understanding dated 02.10.2022.

6. Application is allowed and disposed of. CS(COMM) 110/2022 and I.A. 2637-38/2022, 13633-34/2022

7. In view of the aforesaid order passed in I.A. 19208/2022, suit stands decreed in terms of the Memorandum of Understanding executed on 02.10.2022 between the parties and the same shall form part of the decree.

8. Plaintiff is entitled to refund of the Court Fees deposited by it, in accordance with provisions of Section 16 of the Court Fees Act, 1870 read with Section 89 CPC, 1908 and the judgement passed by this Court in Munish Kalra v. Kiran Madan and Others, 2019 SCC OnLine Del 8021.

9. Registry is directed to draw up the Decree sheet.

10. Suit is accordingly disposed of.

11. Date of 17.01.2023, before the learned Joint Registrar, stands cancelled.

JYOTI SINGH, J NOVEMBER 21, 2022/rk CS(COMM) 110/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:22.11.2022 19:22:12