SUNIL GUPTA Vs. POLAR INDUSTRIES LTD

JUDGEMENT

(1.) The present Appeal arises out of the order dated 10th November, 2009 in CS (OS) No. 2402/2008 directing the Plaintiff/Appellant herein to pay 13,03,944/- and subject to deposit of the said amount the decree to be drawn.

(2.) A brief narration of the relevant facts for the adjudication of the present Appeal are that the Appellant/Plaintiff brought a Suit under Order 37 CPC inter alia praying for a decree of `1,38,79,026/-. The Suit was valued for the amount claimed and the requisite court fee was paid thereon. However, during the pendency of the Suit Shri Anil Aggarwal, Chairman and Managing Director of the Respondent No.1/First Defendant was impleaded as a party and it was stated that the parties have entered into a fresh agreement settling all their disputes.

(3.) Two Applications being I.A. Nos. 707/2009 and 7794/2009 requesting for a compromise to be recorded and a decree to be drawn thereon were moved. The learned Single Judge vide order dated 1st June, 2009 allowed the Applications in the following terms: