Alticor Inc & ANR v. M/S Tamway Health Private Limited

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3219/2015 & I.A.No.3829/2016 ALTICOR INC & ANR ..... Plaintiffs Through Ms.Tusha Malhotra with Ms.Rashi Punia, Advocates.

versus M/S TAMWAY HEALTH PRIVATE LIMITED ..... Defendant Through Mr.G.Anandaselvam, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 04.01.2018 Today learned counsel for the plaintiffs is permitted to carry out typographical errors in the prayer clause of the plaint as well as in the joint compromise application being I.A.No.140/2018 after initialling the same.

I.A.No.140/2018 The parties have handed over a joint compromise application. After numbering the same, it is taken up for hearing. 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 plaintiffs and the defendant as well as by the parties to the litigation. Present application is also supported by the affidavits of authorized signatories of the plaintiffs and the counsel for the defendant.

Both the learned counsel state that the matter has been

compromised in accordance with the terms mentioned in the present compromise application.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the present application.

The aforesaid statements, assurances and 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 present compromise application and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with paragraph 54(i) to (iii) and (vi) of the plaint and in terms of the present compromise application, 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 the plaintiffs a certificate authorizing them to receive back from the Collector the half amount of the court fee paid by them in the present suit. With the aforesaid observations, present application is allowed and the suit and pending application stand disposed of. The interim order dated 20th October, 2015 stands vacated. MANMOHAN, J JANUARY 04, 2018 KA