Walter Bushnell Private Limited & ORS v. Sunvij Drugs Private Limited & ORS

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 794/2016 & IA No.7930/2016 (u/O 39 R-1&2 CPC) WALTER BUSHNELL PRIVATE LIMITED & ORS ..... Plaintiffs Through:

Ms. Arushi Singh, Adv.

Versus

SUNVIJ DRUGS PRIVATE LIMITED & ORS ..... Defendants Through:

Mr. Sitesh Narayan Singh, Adv. for D-1&2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 26.07.2016 IA No.8749/2016 (of plaintiffs and D-1&2 u/O 23 R-3 CPC) 1.

Summons of the suit and notice of the application for interim relief returnable today were issued to the defendants. 2.

All the defendants are reported to be served. 3.

None appears for the defendant No.3.

4.

The counsel for the plaintiffs states that in view of the settlement with the defendants No.1&2, the plaintiffs are not pressing the suit against the defendant No.3.

5.

The defendant No.3 be deleted from the memorandum of parties and an endorsement to the said effect be made by the Court Master in today's date under her signatures.

6.

The application is purported to be signed on behalf of the three plaintiffs as well as the defendants No.1&2 as well as by the counsel for the CS(COMM) 794/2016

plaintiffs and the counsel for the defendants No.1&2 and is also supported by the affidavits of the signatories on behalf of the parties. 7.

The counsel for the plaintiffs and the counsel for the defendants No.1&2 support the application and state that they have satisfied themselves of the identity and authority of the persons who have signed the application and the affidavits in support thereof on behalf of the three plaintiffs and the two defendants.

8.

There is no reason to doubt the statement aforesaid of the counsels. 9.

I have perused the terms of the compromise between the plaintiffs and the defendants No.1&2 as recorded in the application and find the compromise arrived at between the parties to be lawful. 10.

The application is accordingly allowed; a decree for permanent injunction is passed in favour of the plaintiffs and against the defendants No.1&2 in terms of prayer paragraph 30(i) to (iii) of the plaint. 11.

The undertakings of the respective parties are accepted by this Court and the parties are ordered to be bound therewith and are through counsels cautioned of the consequences of breach of undertaking given to this Court. 12.

The parties to bear their own costs.

13.

Decree sheet be drawn up. The compromise application to form part of the decree sheet.

RAJIV SAHAI ENDLAW, J.

JULY 26, 2016 bs..

CS(COMM) 794/2016