Nexfa Private Limited v. Excellar Healthcare Private Limited And ORS

O-3 ORDER SHEET CS/170/2023 IA No.GA/1/2023, GA/5/2023, GA/6/2025

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE NEXFA PRIVATE LIMITED VS.

EXCELLAR HEALTHCARE PRIVATE LIMITED & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 1st December, 2025.

Ms. Poulami Bhowmick, Mr. Sourjya Das, Mr. Soumyajit Bhattacharya,, Advocates for the plaintiff.

Ms. Soma Kar Ghosh, Mr. Arabinda Pathak, Ms. Suparna Paul, Ms. Shilpi Ghosh, Advocates for defendant nos.1 to 6.

Mr. Deepan Kr. Sarkar, Mr. Samriddha Sen, Mr. Soumitra Datta, Advocates for defendant nos.8 & 9.

The Court : GA 6 of 2025 is an application made jointly by the plaintiff and the defendant nos.1 to 6 and is verified by separate affidavits affirmed on behalf of the plaintiff and the defendant nos.1 to 6. The application records the settlement, the terms whereof are incorporated in a settlement agreement dated 15th April, 2025 entered into by and between the plaintiff and the defendant nos.1 to 6. A true copy of the settlement agreement executed before the Notary Public and the paper publication made as per settlement are part of the said application. The parties have brought the original settlement agreement dated 15th April, 2025. The copy annexed to the application is found to be the true copy of the said settlement agreement dated 15th April, 2025.

The suit is decreed in terms of the settlement arrived at by and between the plaintiff and the defendant nos.1 to 6 under the settlement agreement dated 15th April, 2025 as against the defendant nos.1 to 6. A certified copy of the settlement agreement annexed to the application being GA 6 of 2025 is made part of the decree that is passed on the basis of such agreement.

The plaintiff through its Advocate submits that the plaintiff is no more interested to proceed with the suit against the remaining defendants i.e. defendant nos.7, 8 and 9.

The statement made on behalf of the plaintiff through its Advocate in the presence of the Advocate for the defendant nos.8 and 9 is recorded. The suit stands disposed of for non-prosecution as against the defendant nos.7, 8 and 9.

Since the suit is decreed as against the defendant nos.1 to 6 and is disposed of for non-prosecution against the defendant nos.7, 8 and 9, all connected applications including GA 6 of 2025 stand disposed of. Let the decree be drawn up expeditiously.

(ARINDAM MUKHERJEE, J.) pa