Trident Ltd v. NIIT Technologies Ltd. and others NIIT Technologies Ltd. and others
Case Details
CM-1606-CII CR-5792-2019 CII-2025 in/and 2019 (O&M) Sr. No.104+201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CM-1606-CII-2025 in/and CR-5792-2019 (O&M) Date of Decision : 28.01.2025 Date of Decision : Trident Ltd. …Petitioner Versus NIIT Technologies Ltd. and others NIIT Technologies Ltd. and others …Respondents
Legal Reasoning
HON’BLE MS. JUSTICE LAPITA BANERJI CORAM : HON’BLE MS. JUSTICE LAPITA BANERJI HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Shekhar Mr. Shekhar Verma, Advocate, for the petitioner. for the petitioner. Mr. Kapil Dev Sapra, Advocate Mr. Kapil Dev Sapra, Advocate Mr. Vikas Dutta, Advocate, Mr. Vikas Dutta, Advocate, Mr. Sandeep Singh, Advocate, Mr. Sandeep Singh, Advocate, Mr. Jasdeep Singh Walia, Advocate, Mr. Jasdeep Singh Walia, Advocate, Mr. Jasdeep Singh Walia, Advocate, Mr. Siddharth Silwal, Advocate, Mr. Siddharth Silwal, Advocate, Mr. Akamjit Singh Ahluwalia, Advocate, Mr. Akamjit Singh Ahluwalia, Advocate, Mr. Akamjit Singh Ahluwalia, Advocate, for the applicant-respondents for the ap LAPITA BANERJI, J. (Oral) LAPITA BANERJI *** CM-1606-CII CII-2025 This is an application for substitution of respondents No.1 and 2 This is an application for substitution of respondents No.1 and 2 This is an application for substitution of respondents No.1 and 2 as the corporate name of respondents No.1 and 2 as the corporate of respondents No.1 and 2 has changed from NIIT Technologies Limited to Coforge Limited. Technologies Limited to Coforge Limited. Certificate issued by the Registrar of the Certificate issued by the Registrar of the company is annexed to the said application. the said application. The application is allowed and ‘amended memo of parties The application is amended memo of parties’ is taken on record. taken on record. CM-1611-CII CII-2025 placing on record the necessary This is an application for placing on record the necessary This is an application for documents (Annexures A (Annexures A-1 to A-4). Perused the grounds made in the application, the same is Perused the grounds made in the application, the same is Perused the grounds made in the application, the same is Documents are taken on record, subject to all just exceptions. allowed. Documents are taken on record, subject to all just exceptions. Documents are taken on record, subject to all just exceptions. CM-1612-CII CII-2025 and main case VANDANA 2025.01.31 15:28 I attest to the accuracy and integrity of this document Page 1 of 3 CM-1606-CII CR-5792-2019 CII-2025 in/and 2019 (O&M) This is an application under Order 23 Rule 3 read with Section This is an application under Order 23 Rule 3 This is an application under Order 23 Rule 3 the Code of Civil Procedure for passing a consent decree in terms of the Code of Civil Procedure for passing a consent decree in 151 of the Code of Civil Procedure for passing a consent decree in the settlement deed dated December 23, 2024 (Annexure A the settlement deed dated December 23, 2024 (Annexure A-4). 2. A Coordinate Bench of this Court directed the parti A C oordinate Bench of this Court directed the parties to appear before the Mediation and Conciliation Centr ediation and Conciliation Centre vide order d e vide order dated July 3, 2024 in CRM-24510-2024 in CRM 2024 in CRM-M-37086-2019. T The parties were successful in getting their disputes resolved by way of mediation. The compromise deed is getting their disputes resolved by way of mediation. getting their disputes resolved by way of mediation. dated December 23, 2024 signed by the authorized officials of the parties. dated December 23, 2024 signed by the authorized officials of the parties. dated December 23, 2024 signed by the authorized officials of the parties. 3. 3 of the Code of Civil Procedure is reproduced Order 23 Rule 3 of the Code of Civil Procedure is reproduced Order 23 Rule hereunder for ready reference:- hereunder for ready reference: “3. Compromise of suit. Where it is proved to the satisfaction of 3. Compromise of suit.—Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any the Court that a suit has been adjusted wholly or in part by any the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise 1[in writing and signed by the lawful agreement or compromise 1[in writing a lawful agreement or compromise 1[in writing a parties] or where the defendant satisfied the plaintiff in respect to the parties] or where the defendant satisfied the plaintiff in respect to the parties] or where the defendant satisfied the plaintiff in respect to the whole or any part of the subject matter of the suit, the Court shall whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, order such agreement, compromise or satisfaction to be recorded, order such agreement, compromise or satisfaction to be recorded, rdance therewith 2[so far as it relates and shall pass a decree in accordance therewith 2[so far as it relates and shall pass a decree in acco to the parties to the suit, whether or not the subject to the parties to the suit, whether or not the subject-matter of the to the parties to the suit, whether or not the subject agreement, compromise or satisfaction is the same as the subject- agreement, compromise or satisfaction is the same as the subject agreement, compromise or satisfaction is the same as the subject matter of the suit:] matter of the suit:] [Provided that where it is alleged by one party and denied by the [Provided that where it is alleged by one party and denied by the [Provided that where it is alleged by one party and denied by the other that an adjustment or satisfaction has been arrived at, the other that an adjustment or satisfaction has been arrived at, the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but no Court shall decide the question; but not adjournment shall be Court shall decide the question; but no granted for the purpose of deciding the question, unless the Co granted for the purpose of deciding the question, unless the Court, granted for the purpose of deciding the question, unless the Co for reasons to be recorded, thinks fit to grant such adjournment.] for reasons to be recorded, thinks fit to grant such adjournment.] for reasons to be recorded, thinks fit to grant such adjournment.] [Explanation. An agreement or compromise which is void or Explanation.— An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not voidable under the Indian Contract Act, 1872 (9 of 1872), shall not voidable under the Indian Contract Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.] he deemed to be lawful within the meaning of this rule. he deemed to be lawful within the meaning of this rule. No suit shall lie to set aside a decree on the [3A. Bar to suit.—No suit shall lie to set aside a decree on the [3A. Bar to suit. ground that the compromise on which the decree is based was not ground that the compromise on which the decree is based was not ground that the compromise on which the decree is based was not lawful. 3B. No agreement or compromise to be entered in a representative No agreement or compromise to be entered in a representative No agreement or compromise to be entered in a representative suit without leave of Court ) No agreement or compromise in a suit without leave of Court.—(1) No agreement or representative suit shall be entered into without the leave of the representative suit shall be entered into without the leave of the representative suit shall be entered into without the leave of the Court expressly recorded in the proceedings; and any such Court expressly recorded in the proceedings; and any such Court expressly recorded in the proceedings; and any such agreement or compromise entered into without the leave of the Court agreement or compromise entered into without the leave of the Court agreement or compromise entered into without the leave of the Court as recorded shall be void. as recorded shall be void. VANDANA 2025.01.31 15:28 I attest to the accuracy and integrity of this document Page 2 of 3 CM-1606-CII CR-5792-2019 CII-2025 in/and 2019 (O&M) In this rule, “representative suit” means,— such leave, the Court shall give notice in such ) Below granting such leave, the Court shall give notice in such (2) Below granting manner as it may think fit to such persons is as may appear to it to be manner as it may think fit to such persons is as may appear to it to be manner as it may think fit to such persons is as may appear to it to be interested in the suit. interested in the suit. Explanation.—In this rule, “representative suit” means, Explanation. (a) a suit under Section 91 or Section 92, (a) a suit under Section 91 or Section 92, (a) a suit under Section 91 or Section 92, (b) a suit under rule 8 of Order I, (b) a suit under rule 8 of Order I, ) a suit in which the manager of an undivided Hindu family sues or (c) a suit in which the manager of an undivided Hindu family sues or ) a suit in which the manager of an undivided Hindu family sues or is sued as representing the other members of the family, is sued as representing the other members of the family, is sued as representing the other members of the family, (d) any other suit in which the decree passed may, by virtue of the ) any other suit in which the decree passed may, by virtue of the ) any other suit in which the decree passed may, by virtue of the or of any other law for the time being in provisions of this Code or of any other law for the time being in provisions of this Code force, bind any person who is not named as party to the suit.]” force, bind any person who is not named as party to the suit.] force, bind any person who is not named as party to the suit.] 4. It is submitted jointly that the conditions for passing a consent It is submitted jointly that the condition It is submitted jointly that the condition decree have been fulfilled by the parties. decree have been fulfilled by the parties. 5. Learned counsel for respondent handed Lear handed over a demand draft to the tune of Rs.85,00,000/- drawn on ICICI Bank the tune of Rs.85,00,000/ ICICI Bank, in favour of plaintiff, in Court today to learned counsel for the petitioner-plaintiff. A photocopy of the Court today to learned counsel for the petitioner Court today to learned counsel for the petitioner with the record and the satisfaction of the demand draft is retained with the record and the satisfaction of the demand draft is retained laintiff/petitioner is recorded. plaintiff/petitioner is recorded. 6. In view of the aforesaid, the consent decree is passed by taking In view of the aforesaid, the consent decree is passed by taking In view of the aforesaid, the consent decree is passed by taking into account the terms of settlement, which ha into account the settlement, which have been effected between the parties. Accordingly, C
Decision
Accordingly, CR 5792-2019 is disposed of. disposed of. 7. 8. Decree sheet is directed to be prepared Decree sheet is directed prepared expeditiously. Connected application(s), if any, shall also stand disposed of. Connected application(s), if any, shall also stand disposed of. Connected application(s), if any, shall also stand disposed of. (LAPITA BANERJI) (LAPITA BANERJI) JUDGE JUDGE January 28, 202 vandana , 2025 Whether speaking/reasoned : Whether speaking/reasoned : Whether reportable : Whether reportable : Yes/No Yes/No VANDANA 2025.01.31 15:28 I attest to the accuracy and integrity of this document Page 3 of 3