Unimarck Healthcare Ltd. v. Multani Pharmaceuticals Ltd. (Analytical Division)

$~22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(COMM) 226/2025 UNIMARCK HEALTHCARE LTD.

.....Appellant Through:

Mr. Vaibhav Arora, Mr. Ankit Batra, Mr. Javed, Adv.

versus MULTANI PHARMACEUTICALS LTD. (ANALYTICAL DIVISION) .....Respondent Through:

Mr. Bhuvanesh Sehgal, Adv.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 22.05.2026 CM APPL. 35559/2026[For withdrawal of the present Appeal] 1.

The present application has been filed by the Appellant seeking permission to withdraw the present Appeal.

2.

Though the present application has been filed under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 [hereinafter referred to as „CPC‟], however, keeping in view the facts of the case, the same is treated as an application filed under Order XXIII Rule 3 of the CPC because as per the Deed of Settlement, the decree passed by the Court of First Instance is required to be modified. 3.

Learned counsel representing the parties admit that in view of the Memorandum of Settlement dated 09.05.2026, the Appellant has paid an amount of Rs.7,50,000/- to the Respondent vide Demand Draft dated 22.04.2026 towards full and final settlement of all claims of the Respondent.

4.

In view of the aforesaid, the present Appeal is disposed of in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 12:51:07

terms of the Memorandum of Settlement dated 09.05.2026, which is taken on record and marked as Mark-C.

5.

The said Memorandum of Settlement shall form part of the decree and consequently, the decree passed by the Court of First Instance shall stand modified accordingly.

6.

The application stands disposed of.

CM APPL. 35560/2026[For release of decretal amount] 7.

The present application has been filed by the Appellant seeking release of the decretal amount deposited with the Registry of this Court.

8.

For the reasons stated in the application, the same is allowed. 9.

The Registry is directed to release the entire decretal amount in favour of the Appellant.

10.

The application stands disposed of.

RFA(COMM) 226/2025 11.

In view of the order passed today in CM APPL. 35559/2026, the present Appeal stands disposed of in terms of the Memorandum of Settlement dated 09.05.2026.

ANIL KSHETARPAL, J.

AMIT MAHAJAN, J.

MAY 22, 2026 jai/ad The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 12:51:07