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2021 DIGILAW 2277 (RAJ)

Costar Group Inc v. Arcgate Teleservices Private Limited

2021-12-03

ARUN BHANSALI, VIJAY BISHNOI

body2021
JUDGMENT 1. This appeal has been filed by the appellants aggrieved against the order dated 23.03.2021 passed by Commercial Court, Udaipur, whereby the prayer of the appellant for grant of ex parte ad interim injunction was declined. 2. An application has been filed by the parties under Order XXIII Rule 3 CPC seeking passing of a compromise decree based on the settlement arrived at between the parties. 3. By order dated 26.11.2021, the record of the suit No.29/2021 from the Commercial Court, Udaipur was summoned, which has been received. 4. Learned counsel for the parties made submissions that as the parties have settled their dispute mutually, which has been reduced in the consent terms and permanent injunction filed as Annexure-A/1, the suit itself along with the present appeal may be decided in terms of the said settlement arrived at between the parties. 5. In the circumstances of the case, wherein the parties in the present appeal are seeking disposal of the suit pending before the Commercial Court, Udaipur, exercising powers under Section 24 CPC, the Civil Original Suit No.29/2021 along with pending applications is withdrawn to this Court. 6. In view of the submissions made, the suit and pending applications are disposed of in terms of the settlement/ compromise arrived at between the parties annexed as Annexure-A/1 to the application filed under Order XXIII Rule 3 CPC. The decree be drawn. The consent terms and permanent injunction shall form part of the decree. 7. The present appeal also stands disposed of. 8. Information regarding disposal of the suit be sent to the Commercial Court, Udaipur.