Alkem Laboratories Ltd. v. Saffron Therapeutics Pvt. Ltd. & ANR.

$~O~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1064/2018 & I.A.10511-10514/2018, I.A. 12696/2018 & 13110/2018 ALKEM LABORATORIES LTD.

..... Plaintiff Through:

Ms.Ishani Chandra, Ms.Shubhie Wahi, Advocates versus SAFFRON THERAPEUTICS PVT. LTD. & ANR. ..... Defendants Through:

Mr. Shantanu, Adv. for defendant No.2(A.R.).

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 25.09.2018 I.A.13110/2018 1.

The plaintiff and defendant No.2 have amicably settled the matter and have filed joint application I.A.13110/2018 under Order XXIII Rule 3 of the Code of Civil Procedure. The application is signed by both the parties and is supported by their respective affidavits. I.A.13110/2018 along with the affidavits and the annexures is marked as Ex.C-2. 2.

The settlement between the plaintiff and defendant No.2 is lawful and is recorded. The suit is decreed in respect of prayers 28(i) to (iv) of the plaint in terms of the settlement, Ex.C-2.

Ex.C-2 shall form part of the decree.

3.

Both the parties shall remain bound by the terms of the settlement.

4.

The settlement between the plaintiff and defendant No.1 has already been recorded in the order dated 18th September, 2018 5.

The pending applications are disposed of.

6.

Learned counsel for the plaintiff seeks refund of 50% of the Court fee under Section 16A Court Fees Act. Since the parties have arrived at an out of Court settlement at the initial stage, the Registry is directed to issue necessary certificate for refund of 50% Court fees to the plaintiff under Section 16A of the Court Fees Act.

7.

Copy of this order be given dasti to counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

SEPTEMBER 25, 2018 ak