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High Court of DelhiCS(OS)/2420/2012

M/S Antex Pharma Pvt Ltd v. Mks Pharma Ltd & ANR

2015-03-27Hon'Ble Ms. Justice Hima Kohli3 pages

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2420/2012 & IA No.14528/2012 Decided on 27.03.2015

IN THE MATTER OF :

M/S ANTEX PHARMA PVT. LTD.

..... Plaintiff Through: Mr.Sumit Rajput, Advocate versus MKS PHARMA LTD & ORS.

..... Defendants Through: Mr. Kapil Kher and Mr.Ankur Gosain, Advocates for D-1 & D-2

CORAM

HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (Oral) IA No.6552/2015(u/O XXIII R 3 CPC) 1.

The present joint compromise application has been filed by the parties stating inter alia that they have arrived at an out of court amicable resolution to the disputes raised in the present suit. The terms and conditions of the settlement are recorded in para 3 of the application.

2.

Learned counsels for the parties state though the defendant No.2 is not a signatory to the present application, learned counsel for the defendants has signed the application on behalf of his clients and he is authorized to make a statement on behalf of the defendant No.2 CS(OS) 2420/2012 Page 1 of 3

as well and the said defendant shall also remain bound by the settlement recorded in the present application. 3.

Learned counsel for the defendants states that the defendant No.2 does not have any objection to the present application being allowed and shall file an affidavit, if so directed, to confirm the terms of settlement if granted two weeks' time for the said purpose. 4.

Learned counsel for the plaintiff states that the plaintiff does not have any objection to the aforesaid suggestion. 5.

Learned counsels for the parties state that the present application may be taken on record and the parties be bound to the conditions recorded therein and the suit may be decreed in terms of prayer (a) and (b) of the plaint.

6.

The Court has perused the present application. The same has been signed by the Director of the plaintiff and its counsel as also by the Director of the defendant No.1 and the counsel for the defendants. The application is supported by the affidavits of the signatories to the application.

7.

As the counsels for the parties state that the parties have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the same. The application is CS(OS) 2420/2012 Page 2 of 3

allowed. All the parties, whether signatories or otherwise shall remain bound by the settlement.

8.

The suit is decreed in terms of prayers (a) & (b) as also in terms of the conditions recorded in the present application, as set out in para 3, while leaving the parties to bear their own expenses. 9.

The defendant No.2 shall file an affidavit within two weeks confirming inter alia that it shall abide by the terms and conditions of the settlement recorded in the present application, with a copy to the other side.

10.

At this stage, learned counsel for the plaintiff states that in view of the fact that the parties have arrived at an out court settlement, the plaintiff is entitled to claim refund of 50% of the court fees in terms of Section 16-A of the Court Fees Act.

11.

In view of the aforesaid submission made by the counsel for the plaintiff, the Registry is directed to issue a certificate in favour of the plaintiff for refund of 50% of the court fees, as per law. File be consigned to the record room.

(HIMA KOHLI) MARCH 27, 2015 JUDGE mk/sk CS(OS) 2420/2012 Page 3 of 3