01Facts
The appellants brought a commercial appeal under Section 13(1-A) of the Commercial Courts Act, 2015, challenging the order dated 8 July 2026 in Com.A.A. No. 27/2026.
p. 2During the appeal, the parties reached an amicable settlement and jointly filed a compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. The petition was signed by the parties and their counsel; the parties appeared, were identified by counsel, and confirmed that their consent was voluntary.
¶ 2The compromise provided, among other things, for the respondent to construct 11 villas allocated to the appellants, payment of compensation, and the parties’ continuing obligations under their agreements.
¶ 3–4 · pp. 3–902Issues
i.Whether the Court should accept the parties’ joint compromise petition and pass a consent decree in the appeal.
¶ 2ii.Whether the appeal should be disposed of in accordance with the compromise terms.
¶ 403Law Applied
Section 13(1-A) of the Commercial Courts Act, 2015, provided the basis for the commercial appeal.
p. 2Order XXIII Rule 3 of the Code of Civil Procedure, 1908, permits a court to record a lawful compromise in writing and signed by the parties and pass a decree in accordance with it; Section 151 CPC preserves the court’s inherent powers.
¶ 2Provisions in the judgment · 2 · Linked ones open on LawLens
Commercial Courts Act, 2015 Section 13
Code of Civil Procedure, 1908 Section 151
04Reasoning
The Court recorded that the compromise petition was jointly presented, supported by an affidavit, and signed by the parties and their respective counsel.
¶ 2After identifying and interacting with the parties, the Court was satisfied that they had consented without force, coercion, or undue influence and sought a decree on those terms. On that basis, it took the compromise petition on record and disposed of the appeal in accordance with its terms.
¶ 2, 405Holding
The Court accepted the joint compromise petition and passed a consent decree in its terms.
¶ 4The appeal was accordingly disposed of.
¶ 4Original Court PDF
SMT. INDRANI V CHHABRIA @ D P INDRANIvsM/S TANDRA CONSTRUCTIONS PVT LTD.,
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