Supreme Court Disposes of Appeal in Settlement Agreement Context. Appeal Disposed of Based on Settlement Agreement Dated 15th June, 2007 Between the Parties.

  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The case involved an appeal filed by M/s. Gallop Granites Ltd against M/s. Crystal Granites & Ors. The appeal was brought before the Supreme Court, where an Interlocutory Application No.8 was filed jointly by the appellant and respondent No.1, seeking disposal of the appeal based on a settlement reached on 15th June, 2007. During the hearing, the counsel for Respondent Nos. 2 to 4 indicated that they had no objections to the disposal of the appeal as per the settlement. The court, upon reviewing the application and the lack of objections from the other respondents, decided to dispose of the appeal in accordance with the settlement agreement. The terms of the settlement were incorporated into the court's order, thereby concluding the matter.

Headnote

A) Civil Procedure - Settlement Agreement - Disposal of Appeal - Code of Civil Procedure, 1908 - The court considered the joint application for disposal of the appeal based on a settlement agreement dated 15th June, 2007 between the appellant and respondent No.1, with no objections from other respondents. The court held that the appeal is disposed of in accordance with the terms of the settlement, which is incorporated into the order (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the appeal can be disposed of in terms of the settlement agreement between the parties.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court disposed of the appeal in terms of the settlement dated 15th June, 2007, which was agreed upon by the appellant and respondent No.1.

Law Points

  • Settlement
  • Interlocutory Application
  • Appeal Disposal
Subscribe to unlock Law Points Subscribe Now

Case Details

2008 LawText (SC) (02) 432

Appeal (civil) 2325 of 2004

2008-02-04

ASHOK BHAN, DALVEER BHANDARI

M/s. Gallop Granites Ltd

M/s. Crystal Granites & Ors

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Civil appeal regarding a settlement agreement.

Remedy Sought

Disposal of the appeal in terms of the settlement.

Filing Reason

Joint application for disposal based on a settlement.

Issues

Disposal of appeal based on settlement agreement

Submissions/Arguments

Joint application for disposal of appeal No objections from other respondents

Ratio Decidendi

The court upheld the principle that a settlement agreement between parties can lead to the disposal of an appeal, provided there are no objections from other parties involved.

Judgment Excerpts

The Interlocutory Application No.8 has been filed by the appellant and respondent No.1 jointly for disposing of the appeal in terms of the settlement dated 15th June, 2007. Accordingly, this appeal is disposed of in terms of the settlement dated 15th June, 2007.

Procedural History

The appeal was filed and an interlocutory application was submitted for disposal based on a settlement agreement.

Acts & Sections

  • Code of Civil Procedure, 1908:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Family Dispute Over Partnership Deed. Arbitration Clause in Partnership Deed Found Valid and Binding on Parties Despite Allegations of Fraud and Non-Signatory Status.
Related Judgement
High Court Bombay High Court Quashes Criminal Defamation Proceedings Against Insurance Company and Its Officers for Termination Letter Issued in Official Capacity. Letter of termination sent to employee by company held not to constitute defamation under Section...