AMARNATH CHARANJI LAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS is a plaintiff's appeal against a judgment and decree passed by additional District Judge, Delhi whereby a suit for injunction restraining defendant-respondent No. 2 in this appeal from encashing the bank guarantees furnished by the plaintiff-appellant has been dismissed.

(2.) IT is, in our opinion, unnecessary to set out in detail the factual matrix in which the suit came to be filed and eventually dismissed. We say so because learned counsel for the plaintiff-appellant and defendant-respondent no. 2 have filed a joint application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for recording a settlement arrived at between the parties. A reading of the said application would show that the parties have agreed to resolve the controversy on the following terms:

(3.) MR. Mehra, learned counsel appearing for the appellant and Ms. Ananya sharma appearing for respondent No. 2 submit that the appeal could be disposed of on the above terms. Since the settlement arrived at between the parties appears to be perfectly lawful, we see no reason to decline that prayer. In the circumstances, therefore, we dispose of this appeal as also the suit filed by the plaintiff-appellant on the terms extracted above which shall form part of the decree to be drawn up in terms of this order. The parties are left to bear their own costs in this appeal as also in the suit.