Pfizer Products Inc. & Anr vs A.B. Gupta & Nd Ors
2015 Latest Caselaw 1692 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CS(OS) 782/2014 & IA No.4979/2014

                                                Decided on 26.02.2015
IN THE MATTER OF:
PFIZER PRODUCTS INC. & ANR                      ..... Plaintiffs
                    Through :Mr. Nitin Sharma, Adv.


                        versus

A.B. GUPTA & ND ORS                                  .... Defendants
                        Through : Mr. Jaspreet Singh, Adv.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. 3977/2015 (joint application u/O XXIII R 3 CPC)

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

inter alia that they have arrived at an out of court negotiated

settlement. The terms and conditions of the settlement arrived at

between the parties are set out in paras 2 to 4 of the application,

wherein certain undertakings have been given by the defendants to

the plaintiffs and in view thereof, the plaintiffs have agreed to waive

their claim for damages against the defendants.

2. Both the parties state that in view of the settlement arrived at

between them, the suit may be decreed.

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

signed by the constituted attorney of the plaintiffs and by the

defendant No.1 in his personal capacity and as the Chairman and

Managing Director of the defendant No.2 and by the Director of the

defendant No.3 as also by their respective counsels. The application is

supported by the affidavits of the authorized signatories of the parties.

4. As the counsels for the parties state that the parties 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 same. The parties shall

remain bound by the terms and conditions of the settlement arrived at

between them.

5. The application is allowed and the suit is decreed in accordance

with the terms and conditions of the settlement recorded in the

present application.

6. The parties are left to bear their own costs.

                                                       (HIMA KOHLI)
FEBRUARY 26, 2015                                         JUDGE
sk/rkb