Final Order 6

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 235/24
Jai Malik Vs. Enki Water Private Limited
11.02.2025
Statement of Shri Jai Malik S/o Shri DR Malik aged about 44 years
R/o H-5, Jagatpuri, Parwana Road, Delhi – 110051.
On SA
I am the proprietor of the plaintiff firm namely Malik
Electricals and Home appliances. I have settled my dispute with the
defendants amicably with the intervention of the mediation cell vide
settlement Ex.PX which bears my signatures on each page at Point A.
As per the settlement, defendants have agreed to pay a sum of
Rs.3,50,000/- to me towards the entire claim of plaintiff against the
defendants within two months i.e. by April 2025.
In compliance of the above settlement, the defendants have
already paid a sum of Rs.1,20,000/- to me and have handed over two
cheques of Rs.1,15,000/- each bearing no. 001324 dated 11.03.2025
and 001325 dated 11.04.2025, both drawn on ICICI Bank, Saket New
Delhi branch for the remaining amount which I have received from
the counsel for the defendants.
The present suit filed by me against the defendants may be
decreed as compromised.
RO&AC
(Pitamber Dutt)
District Judge (Commercial Court-01)
East/Karkardooma Courts-11.02.2025
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CS (COMM) 235/24
Jai Malik Vs. Enki Water Private Limited
11.02.2025
Statement of Shri Tanuj Arora – Ld. Counsel for defendants.
At bar
I am the duly appointed counsel for defendants and has
instructions to make statement on their behalf. The defendants have
settled their dispute with the plaintiff amicably with the intervention
of the mediation cell vide settlement Ex.PX which bears my
signatures on each page at Point B.
As per the settlement, defendants have agreed to pay a sum of
Rs.3,50,000/- to the plaintiff towards the entire claim of plaintiff
against them within two months i.e. by April 2025.
In compliance of the above settlement, the defendants have
already paid a sum of Rs.1,20,000/- to the plaintiff and I have handed
over two cheques of Rs.1,15,000/- each bearing no. 001324 dated
11.03.2025 and 001325 dated 11.04.2025, both drawn on ICICI Bank,
Saket New Delhi branch for the remaining amount to the plaintiff
today in the court.
Defendants have no objection if the present suit is decreed as
compromised.
RO&AC
(Pitamber Dutt)
District Judge (Commercial Court-01)
East/Karkardooma Courts-11.02.2025
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CS (COMM) 235/24
Jai Malik Vs. Enki Water Private Limited
11.02.2025
Present: Shri GD Kathuria – Ld. Counsel for plaintiff alongwith
plaintiff in person.
Shri Tanuj Arora – Ld. Counsel for defendants.
Ld. Counsel for the parties pointed out that the parties have
settled their disputes amicably with the intervention of the mediation
cell. They prayed that their statement may be recorded and present suit
may be decreed in terms of the compromise.
Separate statement of plaintiff and Ld. Counsel for defendants
have been recorded in this regard.
I have heard Ld. Counsels for the parties, perused the
settlement Ex.PX as well as statement recorded in the court. Perusal of
the above shows that plaintiff and defendants have settled their
disputes amicably with the intervention of mediation cell vide which
defendants have agreed to pay a sum of Rs.3,50,000/- to the plaintiff
in lieu of the entire claim of the plaintiff against the defendants.
Defendants have already paid a sum of Rs.1,20,000/- to the
plaintiff and Ld. Counsel for defendants has handed over two cheques
for the remaining amount of Rs.2,30,000/- to the plaintiff today in the
court. After the encashment of these cheques, plaintiff shall left with
no claim whatsoever against the defendants.
Both the parties have entered into this settlement on their own
without there being any pressure from any corner. The settlement, so
arrived at between the parties is a lawful settlement and I see no legal
impediment in accepting the same.
In view of the above facts and circumstances, the present suit
filed by the plaintiff against the defendants is decreed as compromised
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in terms of the settlement Ex.PX as well as statements recorded today
in the court, which shall form part and parcel of the decree. A
compromise decree be accordingly drawn.
As the matter has been settled with the intervention of
mediation cell, the plaintiff shall be entitled for refund of court fees as
per Section 16 of Court Fees Act.
File be consigned to Record Room.
(Pitamber Dutt)
District Judge (Commercial Court-01)
East/Karkardooma Courts-11.02.2025
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