Alkem Laboratories Ltd. v. Medbaxy Healthcare Pvt. Ltd & ANR.
$~OS-6 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 794/2018 ALKEM LABORATORIES LTD.
..... Plaintiff Through Ms.Ishani Chandra, Mr.Sagar Chandra and Ms.Srijan Uppal, Advs.
versus MEDBAXY HEALTHCARE PVT. LTD & ANR...... Defendant Through
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 19.07.2018 IA No.9267/2018 This application is filed under Order 23 Rule 3 CPC seeking to bring on record the settlement between the parties and seeking a decree in terms of the compromise. The terms and conditions of the settlement are stated in paragraph 3 of the application. The terms and conditions of the settlement are legal and valid.
The application is signed by Mr.Krishan Kuma Pandey, Authorised Representative of defendant No.1 and Mr.Anubhav Kansal, partner of defendant No.2 who are present in person and confirm that they have signed the application. They also undertake on behalf of the defendants to abide by the terms and conditions of the settlement.
In view of the settlement the suit is decreed in favour of the plaintiff and against the defendants in terms of paragraph 36(i) to (vi) of the plaint and also in terms of the settlement stated in paragraph 3 of the application. Learned counsel for the plaintiff points out that in terms of para 3(h)
of the application the defendant No.1 has signed the assignment deed in favour of the plaintiff. Photocopies of their identity cards are placed on record by the defendants. Same is sent to the Registry for scanning. Suit is decreed accordingly and stands disposed of. In terms of section 16A of the Court Fees Act 50% of the court fees will be refunded to the plaintiff.
JAYANT NATH, J JULY 19, 2018 n