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Judgment
LA.707/2020(Joint Application for settlement/compromise of the suit under Order XXIII Rule 3 of the CPC)
This is a joint application for settlement/compromise of the suit under Order XXIII rule 3 of the Code of Civil Procedure, 1908. The application has been signed by the partner of the plaintiff and the proprietor of the defendant, and supported by affidavits of both the signatories.
The vakalatnama on behalf of the defendant in the present proceedings has been filed by Mr.H.S. Choudhary, learned advocate. It is stated today that he is hospitalised and Mr. Dharmendra Tyagi, learned counsel appears on behalf of defendant. I am informed that Mr.Choudhary's signature appears on the affidavit of the defendant in support of the present application. Mr. Tyagi states that he will also file the vakalatnama on behalf of the defendant within one week from today.
The terms of the settlement are recorded in paragraphs 5 and 6 of the application. Learned counsel for the parties request that the suit be disposed of with a decree in terms thereof.
Having regard to the submission of the parties and the materials placed on record, I find no impediment to the grant of a decree as sought. The suit is decreed in terms of paragraphs 5 and 6 of the application. Decree sheet be prepared accordingly. A copy of the application shall form part of the decree.
As the suit has been disposed of on a settlement between the parties prior to commencement of evidence, the plaintiffs are entitled to refund of 50% of the court fees under Section 16A of the Court Fees Act, 1870. The Registry is directed to issue a certificate to this effect.
The suit and all the pending applications are disposed of in terms of the above.
The next date fixed in the suit stands cancelled.