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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 320/2022 & C.M.Nos.55601-55602/2022
TIMES COACHING CENTRE (NOW FUTUREKUL)
..... Appellant
Through: Ms.Rajeshwari H. with Ms.Nupur
Goswami and Mr.Deepanshu Nagar,
Advocates.
versus
TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION
..... Respondent
Through: Mr.Akhil Sibal, Sr.Advocate with
Mr.Luv Virmani, Ms.Aadya Chawla,
Ms.Asavari Jain and Ms.Sanya
Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 22.12.2022
Present joint application under Order XXIII Rule 3 read with Section
151 CPC dated 22nd December, 2022 has been handed over in Court today.
The said joint application is duly signed by learned counsel for the appellant
as well as the respondent.
To insist upon the party itself to personally sign the agreement or
compromise would often cause undue delay, loss and inconvenience. It has
always been universally understood that a party can always act by his duly
authorised representative. If a power of attorney holder can enter into an
agreement or compromise on behalf of his principal, so can counsel,
possessed of the required authorization by vakalatnama, act on behalf of his
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/02/2024 at 12:08:29
client. (See: Byram P. Gariwala vs. Union Bank of India, (1992) 1 SCC
31)
Registry is directed to number the present joint application.
Both the learned counsel state that the matter has been compromised
in accordance with the terms mentioned in the present joint application.
Both the learned counsel for the parties assure and undertake to this
Court that the parties shall comply with the settlement terms mentioned in
the present joint application till the disposal of the suit by the learned Single
Judge.
The aforesaid statements, assurances and undertakings as well as
undertakings mentioned in the present joint application are accepted by this
Court and parties are held bound by the same.
This Court has also perused the compromise joint application and is
of the opinion that the compromise is lawful.
Consequently, the present appeal along with pending applications is
disposed of and the interim order dated 12th October, 2022 in CS(COMM)
No.60/2021 is varied/modified in accordance with the joint compromise
application dated 22nd December, 2022 which is marked as ‘Ex. C-1’. The
learned Single Judge shall decide the matter on its own merits. It is clarified
that the issue of law is left open.
MANMOHAN, J
SAURABH BANERJEE, J
DECEMBER 22, 2022
KA
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/02/2024 at 12:08:29
