Ranbaxy Laboratories Ltd vs Alembic Pharmaceuticals Ltd & Anr
2015 Latest Caselaw 1691 Del

$~21.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3042/2012 and I.A. 18392/2012
     RANBAXY LABORATORIES LTD                  ..... Plaintiff
                   Through: Mr. Sachin Gupta, Advocate

                          versus


     ALEMBIC PHARMACEUTICALS LTD & ANR          ..... Defendants
                   Through: Mr. Ankur Sangal, Advocate for D-1.
                   Ms. Harleen Kaur, Advocate for D-2.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 26.02.2015

I.A. 3981/2015 (joint application u/O XXIII Rule 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the present proceedings, they

have arrived at an out of court settlement.

2. The terms and conditions of the settlement have been set out in

para 2 of the application, whereunder the defendants have given

certain undertakings to the plaintiff and in view of the said

undertakings, the plaintiff has agreed not to press the reliefs of

rendition of accounts, costs and damages. Counsels for the parties

states that the suit may be decreed in terms of the settlement arrived

at between the parties.

3. The Court has perused the application. The same has been

signed by the constituted attorneys of the plaintiff and the defendants

No.1 and 2 as also their respective counsels. The application is

supported by the affidavits of the parties. Both parties state that they

have placed on record the letters of authority issued in favour of the

deponents of the affidavits.

4. As the counsels for the plaintiff and the defendants 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.

5. The suit is decreed in terms of the settlement arrived at and

recorded in the compromise application while leaving the parties to

bear their own costs alongwith the pending application.

6. The suit is disposed of alongwith the pending application.

HIMA KOHLI, J FEBRUARY 26, 2015 Rkb/rs