Alkem Laboratories Ltd vs Lalit Bohra & Ors
2015 Latest Caselaw 658 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                  CS(OS) 2321/2013 & IA No.19031/2013

                                                  Decided on 22.01.2015
IN THE MATTER OF :
ALKEM LABORATORIES LTD.                              ..... Plaintiff
                   Through: Ms. Ishani Chandra, Advocate

                       versus

LALIT BOHRA & ORS.                                       ..... Defendants
                       Through: Mr. Thakur Sumit, Advocate
                       for D-1 & D-2
                       Mr.Satyajit Sarna, Advocate for D-3

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Pursuant to the order dated 5.11.2014 passed by the Joint

Registrar, the parties had appeared before the Mediator, whereafter a

Settlement Agreement dated 3.12.2014 has been placed on record.

2. Counsels for the parties jointly state that the terms and conditions

of the settlement have been recorded in para 6A and 6B of the Settlement

Agreement. While the terms and conditions contained para 6A of the

Settlement Agreement bind the plaintiff and the defendants No.1 & 2, the

terms and conditions set out in para 6B bind the plaintiff and the

defendant No.3. All the parties state that they shall remind bound by the

terms and conditions of the settlement and request that the suit may be

decreed in terms thereof.

3. Learned counsel for the plaintiff confirms that the defendants No.1

& 2 have paid a sum of Rs.25,000/- through a demand draft to the

plaintiff and the defendant No.3 has paid a sum of Rs.15,000/- to the

plaintiff and thereafter, nothing further is due or payable by any of the

defendants to the plaintiff.

4. The Court has heard the counsels for the parties and perused the

Settlement Agreement. The same has been signed by the authorized

representative of the plaintiff and the defendant No.1 for self, and as a

Director of the defendant No.2 as also by the authorized representative of

the defendant No.3. Counsels for the parties have signed the Settlement

Agreement, alongwith the learned Mediator. Enclosed with the

Settlement Agreement are the certified copies of the Resolutions passed

in favour of the authorized signatories to the Settlement Agreement.

5. 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 recorded in

the Settlement Agreement dated 03.12.2014.

6. The suit is decreed in terms of the said Settlement Agreement. The

suit is disposed of, along with the pending application, while leaving the

parties to bear their own costs.

IA No.1592/2015(u/S 89 CPC r/w S 16 of the Court Fees Act)

1. This application has been filed by the plaintiff praying inter alia for

refund of the court fees as the suit has been settled through court

annexed mediation, prior to the stage of framing of issues.

2. The Registry is directed to issue a certificate in favour of the plaintiff

for seeking refund of 50% the court fees in terms of Section 16-A of the

Court Fees Act.

                                                              (HIMA KOHLI)
JANUARY 22, 2015                                                 JUDGE
mk/rkb