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High Court of DelhiCS(COMM)/684/2017

Dabur India Limited v. Komal Manufacturing Chemists Pvt Ltd & ORS

2018-02-09Hon'Ble Mr. Justice Manmohan2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 684/2017 & I.A. 11748/2017 DABUR INDIA LIMITED ..... Plaintiff Through: Mr. K.K. Nangia, Advocate with Mr. Manish K. Mishra, Advocate.

versus KOMAL MANUFACTURING CHEMISTS PVT LTD & ORS ..... Defendants Through: Mr. Priyank Mangal, Advocate with Ms. Mukta Dutta, Advocate, for defendant No.1.

Mr. Satyajit Sarna, Advocate with Ms. Pallavi Srivastava, Advocate for defendants No.2 and 3.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.02.2018 I.A. 2003/2018 Present joint application has been filed under Order XXIII 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 affidavits of authorized representative of the plaintiff and the defendants. Learned counsel for parties state that the matter has been compromised in accordance with the terms mentioned in the present

Settlement Application being I.A. 2003/2018.

Learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the aforesaid Settlement Application.

The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and 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 Application being I.A. 2003/2018, 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 it to receive back from the Collector the full amount of the Court fee paid by it in the present suit. With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 12th October, 2017 stands vacated.

MANMOHAN, J FEBRUARY 09, 2018 js