CS COMM--546/2016. Case: MONSANTO HOLDINGS PVT LTD Vs. M/S REAL AGRO SEEDS & ANR. High Court of Delhi (India)
Case Number | CS COMM--546/2016 |
Citation | NA |
Judgement Date | October 30, 2017 |
Court | High 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
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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.
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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
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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.
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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.
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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.
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This Court has also perused the present compromise application and is of the opinion that the same is lawful.
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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.
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With the aforesaid observations, present application is allowed and the suit stands disposed of qua defendant no.1.
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The application stands disposed of.
CS(COMM) No.546/2016
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Since none appears for defendant no.2, it is proceeded ex parte.
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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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