The Court: In view of the resolution taken by the three wings of the bar to abstain from work, the plaintiff and the defendant are represented by their
authorized representatives. The plaintiff and the defendant have filed ‘no objection certificates’ issued by their respective attorneys. The
said ‘no objection certificates’ are kept with the record.
The defendant has filed this application for modification of the order dated 8th May, 2014 as confirmed by the order dated 1st December, 2016 by
which the order of injunction on 7750 sq. ft of space mentioned in schedule ‘E’ to the GA No.1535 of 2014 was to continue till the disposal of
the suit.
This application was mentioned on 23rd March, 2018 when the petitioner was directed to serve a copy of this application upon the plaintiff and the
matter was directed to be listed today for consideration.
Pursuant to the notice the plaintiff is represented by Sri Kunal Ghosh.
The name of the plaintiff during the pendency of this proceeding has been changed from “Sarawgi Industrade Private Limited†to “Sunflower
Synergies Private Limitedâ€.  The board resolution of Sunflower Synergies Private Limited has been produced by Sri Ghosh on behalf of the
plaintiff to show that he has been authorized to appear and represent the company in the suit and also to enter into compromise and take all necessary
steps in accordance with law.
Mr. Niket Saraf, one of the directors of the defendant has appeared and submitted that during the pendency of the suit and this application with the
intervention of friends and well wishers the parties have agreed to settle their dispute and have arrived at a settlement which is reduced in writing.Â
The original terms of settlement dated 26th March, 2018 duly signed by the parties and their respective attorneys has been produced by Mr. Saraf in
course of hearing. Mr. Saraf submits that on the basis of the terms of settlement the suit itself may be disposed of.
Mr. Ghosh, on behalf of the plaintiff, has submitted that the plaintiff has already received a sum of Rs.1 crore and in view of the settlement the
plaintiff has no further claim in the suit. By consent of the parties the suit is treated on the day’s list and taken up for hearing along with this
application. In view of the fact that the parties have entered into a lawful settlement and the plaintiff has specifically submitted that the plaintiff has
no further claim against the defendant, the suit is decreed on the basis of the terms of settlement dated 26th March, 2018 and the department is
directed to draw up the decree as expeditiously as possible.
The plaintiff has filed an affidavit disclosing the fresh certificate of incorporation pursuant to change of name under Rule 29 of the Companies
(Incorporation) Rules, 2014 issued by the Registrar of Companies, Kolkata. The said affidavit is taken on record.
The department shall carry out the amendment in the cause title of the plaint as also in all the related cause papers. The plaintiff shall reverify the
plaint within two weeks from date. The department shall carry out the amendment within four weeks from the date of communication of this order.
This order also disposes of GA No.689 of 2018. The order of injunction passed on 8th May, 2014 as confirmed by the order dated 1st December, 2016
stands vacated.
Since the entire decretal amount as agreed upon between the parties has been received by the plaintiff the department shall record satisfaction of the
decree immediately after the decree is drawn up without their being any requirement to file any execution application.
The plaintiff has assured that in view of the settlement they shall not pursue the Complaint Case No.C-18409 of 2013 pending before the Learned
Metropolitan Magistrate, 15th Court at Calcutta and G.R. Case No.2814 of 2014 arising out of Shakespeare Sarani Police Station case no.428 of 2014
dated 20.12.2014 under Section 420/406/120B of the Indian Penal Code, now pending before the Learned Metropolitan Magistrate 4th Court at
Kolkata.
The department shall draw up the decree as expeditiously as possible.
GA No.689 of 2018 stands disposed of. CS No.171 of 2014 is decreed on the basis of the terms of settlement filed in Court today.
