M/S Laborate Pharmaceuticals ... vs M/S Quality Nexgen ...
2015 Latest Caselaw 3298 Del

$~51.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1091/2014
      M/S LABORATE PHARMACEUTICALS INDIA LTD ..... Plaintiff
                     Through: Mr. Ankit Sahni, Advocate

                         versus


      M/S QUALITY NEXGEN PHARMACEUTICALS PVT LTD
                                                    ..... Defendant
                     Through: Mr. Surinder Singh, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 23.04.2015

I.A. 8344/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint compromise application has been filed by the

parties stating inter alia that they have arrived at an out of court

negotiated settlement.

2. The terms and conditions of the settlement are set out in para 2

of the application, whereunder the defendant has given certain

undertakings to the plaintiff and in lieu thereof, the plaintiff has

agreed to forgo its claim of damages and punitive damages against

the defendant as prayed for in prayer clause 28(iii) to (viii) of the

plaint. Counsel for the defendant states that he has paid a sum of `1

lacs to the plaintiff towards litigation cost as agreed upon and recorded

in the present application, which fact is confirmed by the other side.

3. Counsels for the parties state that the suit may be decreed in

accordance with the terms and conditions of the settlement as

recorded in para 2 of the application.

4. The Court has perused the present application. The same has

been signed by the constituted attorney of the plaintiff and the

Director of the defendant and their respective counsels. The

application is supported by the affidavits of the signatories to the

application.

5. As the counsels for the parties jointly state that they have

arrived at the aforesaid settlement of their own free will and volition

and without any undue influence or coercion from any quarters, there

appears no legal impediment in accepting the settlement. The parties

shall remain bound by the terms and conditions of the settlement.

6. The suit is decreed in accordance with the terms and conditions

recorded in the present application, while leaving the parties to bear

their own costs.

7. The suit is disposed of, along with the pending application.

HIMA KOHLI, J APRIL 23, 2015 rkb