CS COMM--546/2016. Case: MONSANTO HOLDINGS PVT LTD Vs. M/S REAL AGRO SEEDS & ANR. High Court of Delhi (India)

Case NumberCS COMM--546/2016
CitationNA
Judgement DateOctober 30, 2017
CourtHigh Court of Delhi (India)

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 546/2016

MONSANTO HOLDINGS PVT LTD ..... Plaintiff

Through Ms.Nancy Roy with Mr.Rupin

Bahl, Advocates.

versus

M/S REAL AGRO SEEDS & ANR ..... Defendants

Through Mr.Sunil Verma with

Mr.Mohinder Singh Sachdeva,

Advocates for D-1.

% Date of Decision: 30th October, 2017

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

J U D G M E N T

MANMOHAN , J (Oral)

I.A.No.12398/2017

  1. Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendant no.1 as well as by the authorized representatives of the said parties.

  2. Present application is also supported by the affidavits of authorized representative of the plaintiff and one of the partners of defendant no.1.

    CS (COMM) 546/2016 Page 1 of 6

  3. Both the learned counsel state that the matter has been compromised qua defendant no.1 in accordance with the Settlement terms mentioned in the present application.

  4. Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the present application.

  5. The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same.

  6. This Court has also perused the present compromise application and is of the opinion that the same is lawful.

  7. Consequently, the suit is decreed in accordance with the Settlement terms mentioned in the present application, copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.

  8. With the aforesaid observations, present application is allowed and the suit stands disposed of qua defendant no.1.

  9. The application stands disposed of.

    CS(COMM) No.546/2016

  10. Since none appears for defendant no.2, it is proceeded ex parte.

  11. Learned counsel for the plaintiff states that in view of the judgment of this Court in Satya Infrastructure Ltd. & Ors. Vs. Satya Infra & Estates Pvt. Ltd. , the present suit should be decreed qua the relief of injunction. The relevant portion of the said judgment relied upon by learned counsel for the plaintiff is reproduced hereinbelow:-

    CS (COMM) 546/2016 Page 2 of 6

    “I am of the opinion that no purpose will be served in such cases by directing the plaintiffs to lead ex parte evidence in the form of affidavit by way of examinationin-chief and which...

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