Sr. No. Date I I Orders %29.04.2003 Present: Mr. Rohit Verma for the plaintiff. Mr.S.K.Maniktala for the defendant. +IA.NO.5308/2002 in S.No.551/2001. * This is an application under Order XXII Rule 3 read with Section 151 CPC for bringing the L.Rs of deceased Sh.R.LJain on record. The suit had been instituted by Sh.R.L.Jain in the following capacities:- (i) Plaintiff No. I in his individual capacity (ii) as Karta of plaintiff No.2, Sh.R.L.Jain (HUF) as well as R.L.Jain (HUF) &, Co. Sh.R.L.Jain expired on 27.1.2002 and is stated to have executed a Will, bequeadiing his properties and assets in favour of Smt.Reeta Jain, Manish Jain and R.K.Jain (HUF), who happen to be plaintiff Nos.4, 5 and 6 in the present suit. There is also a bequest in favour of Master Saurabh Jain, who is a minor and son of Sh.R.K.Jain and Smt.Reeta Jain. There is no opposition to the application. Plaintiff Nos. 3,5 and 6 already arrayed as parties in the suit shall be deemed to be in dieir individual capacity as well as legal heirs of plaintiff Nos. 1,2 and 7. Application is allowed and stands disposed of. Amended memo of parties to be filed, deleting plaintiff No.l, Sh.R.L.Jain, widiin a week from today. SHRI SHYAM SALES 02-03 Digitally Signed By:AMULYA Signature Not Verified Sr. r Date Orders -2- ]A.No.3878/Q^ in S.No.551/2001 Counsel foi the parties submit that the matter has been settled. Let the statement of the parties be recorded. ORdER Statements of Sh.R.K.Jain, plaintiff No.3, Sh.Rohit Verma, counsel for the plaintiffs and Sh.R.K,Kapur, President of the defendant company have been recorded separately. In view of the settlement as recorded in Ex.C-1 and the affidavit in support thereof, sworn by the plaintiff as well as on behalf of the defendant, the suit is decreed in terms of Ex.C-1 and Ex.C-3. Both the parties confirm that they have no claim against each other, in view of the settlement, as recorded in Ex.C-3. Ex.C-1 and Ex.C-3 shall form part of the decree. Parties to bear their own cost. Parties shall be bound by the terms of settlement. April 29,2003 aka. an Sarin,J. SHRI SHYAWl SALES 02-03 %29.04.2003 Suit No.551/2001 Statement of Mr.Rohit Verma, counsel for the plaintiff, witliout oath. Ex.C-1 has been executed by Sh-R.K.Jain, as plaintiff No.3 and on behalf of all otlier plaintiffs. I have been instructed by all the plaintif&to enter into tlie settlement and have, accordingly, signed tlie same. 1 identify the signatures of Sh.R.K.Jain. Ex.C-3 is also executed by tlie plaintiffs and for the minor Saurabh Jain through his mother, SmLReeta Jain, who has no interest adverse to the minor. Sh.R.K.Jain is also the father of Master Saurabh Jain. Uie suit may be decided in terms of Ex.C-1 and Ex.C-3. RO& AC <0. Maflmohan Sarin,J. April 29,2003 Maflmohan Sarin,J. aka. © %29.04.2003 S.NO.551/2001 Statement of Sh.R.K.Jain son of late Sh.R.LJain, aged 50 years, resident of 14, Raja Enclave, Pitampura, Delhi-110034. On S.a. 1 am plaintiff No.3 in the present suit, I also hold^ tire power of attorney from Sh.Manish Jain and Smt.Reeta Jain. Uie accomipanj'ing application under Order XXIIl Rule 3 CPC has been signed by me for self and on behalf of all other plaintiffs. I have been duly autiiorized by the said plaintiffs to do so. Application under Order XXIII Rule 3 CPC is Ex.C-1. My affidavit in support of Ex.C-1 is Ex.C-2. The terms of settlement, as reached between tlie parties, are recorded in the Memo of Understanding. Hie same is Ex.C-3. Tlie photocopies of tlie power of attorney executed by Sh.Manish Jain and Smt.Reeta Jain are Ex.C-7 and Ex.C-S receptively. Plaintiffs shall be duly abide by tlie terms, as recorded in Ex.C-1 and Ex.C-3. The suit may be decreed ill terms of Ex.C-1 and Ex.C-3. RO& ACp^v>^/ Ik April29,2003 N^ati^Sioiian'SmiiU. ^ aka. Maiimonaii SarinJ. ' r li %29.04.2003 Suit No.551/2001 Statement of Sh.R.K.Kapur, President, Usha Beltron Ltd.,701, Surya Kiran Building, 19, Kastuiba Gandhi Marg, New Delhi. On S.A. I have heard the statement of Sh.R.K.Jain and accepts the same as J correct. Ex.C-1 has been signed by me on behalf of tlie defendant. My affidavit in support of Ex.C-1 is Ex.C-4. Etefendant has also entered into tlie - Memorandum of Understanding, Ex.C-3. Tlie autliorization in my favour issued by the Joint Managing Director is Ex.C-5. Even otlierwise, as a Principal Officer, 1 am entitled to enter into the settlement. Pursuant to tlie Memo of Understanding, die possession has also been handed over to die plaintiffs. Receipt of possession is Ex.C-6. Defendant has also paid the amount of compensation to die plaintiff. Defendant does not have any claim against the plaintiffs now surviving. .RO & AC April 29,2003 B^d^iimohan Sann,J. aka.