IN THE COURT OF MS.

GOMTI MINOCHA, CIVIL JUDGE, DELHI

SUIT NO. OF
IN THE MATTER OF:

COL. Y.P.CHOPRA …...Plaintiff

~Versus~
M/s. I.S.EXPORTERS …...Defendant

N.D.O.H : 30.07.2010

APPLICATION UNDER ORDER 23 RULE 3 READ WITH SECTION

151 CPC ON BEHALF OF THE PARTIES FOR RECORDING THE
COMPROMISE REGARDING THE USE AND OCCUPATION
CHARGES.

MOST RESPECTFULLY SHOWETH:

1. That the abovementioned case is pending disposal before this Hon’ble

Court only for the purposes of ascertaining Mesne profits. The

Defendant/Judgement Debtor has already delivered possession of the suit

property to the Plaintiff.

2. That during the pendency of the case the Plaintiff and Defendant have
compromised the matter. The terms of the settlement as agreed between
the parties are as under:-
(a) The Defendant shall pay use and occupation charges of the

premises @ Rs.4,900/- (Rupees Four Thousand Nine Hundred

Only) per month from 1st April 1998 till 31st March 2010.

(b) The defendant has till date deposited a sum of Rs 4,70,400/-

with this Hon’ble court towards the use and occupation charges

for the period 01.07.1998 to 30.06.2006. The Defendant has no

objections if the said amount be released to the Plaintiff.

(c) The Defendant shall pay sum of Rs.2,20,500/- (Rupees Two

Lacs Twenty Thousand Five Hundred Only) to the Plaintiff at the

time of recording of the settlement.

(d) The Plaintiff shall not claim any other amount on account of

Mesne profits and damages.

3. That with the aforesaid settlement, the claims of the Plaintiff in the Suit

stands satisfied. The Plaintiff has thus no claim against the Defendant.
 4. That this settlement has been arrived between the parties without any

misrepresentation, force, pressure and coercion. The settlement shall

remain binding on the parties. The parties solemnly affirm and undertake

to abide by the terms of this settlement.

It is, therefore, most respectfully prayed that the aforesaid settlement be

accepted by this Hon’ble Court and in view of the settlement of the parties, the

suit of the Plaintiff shall be disposed off as compromised.

PLAINTIFF DEFENDANT

THROUGH THROUGH

(RUCHIRA ARORA)
ADVOCATE ADVOCATE
IN THE COURT OF MS. GOMTI MINOCHA, CIVIL JUDGE, DELHI
SUIT NO. OF
IN THE MATTER OF:

COL. Y.P.CHOPRA …...Plaintiff

~Versus~
M/s. I.S.EXPORTERS …...Defendant

AFFIDAVIT

I, Col. Y.P.Chopra, S/o ,R/o

, New Delhi, do hereby solemnly affirm and declare as under:

1. That I am the Plaintiff in the above noted case and am well versed with the

facts of the case, and as such, am competent to swear this affidavit.

2. That the accompanying application under Order 23 Rule 3 CPC has been

drafted under my instructions by my counsel. The contents stated therein

are true and correct to my knowledge, and the same may be read as part

and parcel of this affidavit.

DEPONENT
VERIFICATION:
Verified at Delhi on this 23rd day of July, 2010 that the contents of the

above affidavit are true and correct to my knowledge, no part of it is false and

nothing material has been concealed therefrom.

DEPONENT
 IN THE COURT OF MS. GOMTI MINOCHA, CIVIL JUDGE, DELHI
SUIT NO. OF
IN THE MATTER OF:

COL. Y.P.CHOPRA …...Plaintiff

~Versus~
M/s. I.S.EXPORTERS …...Defendant

AFFIDAVIT

I, , S/o ,R/o

, New Delhi, do hereby solemnly affirm and declare as under:

1. That I am of the Defendant in the above noted case and am well versed

with the facts of the case, and as such, am competent to swear this

affidavit.

3. That the accompanying application under Order 23 Rule 3 CPC has been

drafted under my instructions by my counsel. The contents stated therein

are true and correct to my knowledge, and the same may be read as part

and parcel of this affidavit.

DEPONENT

VERIFICATION:
Verified at Delhi on this 23rd day of July, 2010 that the contents of the

above affidavit are true and correct to my knowledge, no part of it is false and

nothing material has been concealed therefrom.

DEPONENT