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High Court of DelhiCS(COMM)/458/2017

Marion Biotech Pvt. Ltd. v. Shreechem Pharmaceuticals Pvt. Ltd. & ANR

2017-09-25Joint Registrar (Judicial) Sh. Pankaj Gupta (Dhjs)2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 458/2017 MARION BIOTECH PVT. LTD.

..... Plaintiff Through Mr.A.K.Goel, Advocate.

versus SHREECHEM PHARMACEUTICALS PVT. LTD. & ANR ..... Defendants Through Mr.Rajiv Kumar Chaudhary with Ms.Vidhi Jain, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.09.2017 I.A.No.11243/2017 Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation.

Present application is also supported by the affidavits of authorized representative of the plaintiff and the defendants. Both the learned counsel state that the matter has been compromised in accordance with the settlement terms mentioned in the present joint application. They further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the present joint application.

The statements, assurances and undertakings given by both the

counsel are accepted by this Court and the parties are held bound by the same.

This Court has also perused the settlement application and is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the settlement terms mentioned in the present joint application as well as the prayers mentioned in paragraphs 35(i) and 35(ii) of the plaint, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly.

Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector the half amount of the Court fee paid in respect of the present claim.

With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 17th July, 2017 stands vacated. The next dates of hearing i.e.10th November, 2017 and 15th November, 2017 stand cancelled.

MANMOHAN, J SEPTEMBER 25, 2017 KA