Akums Drugs & Pharmaceuticals Ltd vs M/S Amra Remedies Ltd
2015 Latest Caselaw 5127 Del

$~34
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1413/2013
       AKUMS DRUGS & PHARMACEUTICALS LTD                 ..... Plaintiff
                     Through : Mr. P.K. Mittal, Advocate

                         versus

       M/S AMRA REMEDIES LTD                     ..... Defendant
                     Through : Ms. Anshula Grover, Advocate
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 17.07.2015

1. Counsels for the parties jointly state that after being referred to

the Delhi High Court Mediation & Conciliation Centre, they have

arrived at a negotiated settlement, as recorded in the Settlement

Report dated 10.3.2015. The terms and conditions of the settlement

are a part of the Memorandum of Settlement dated 15.12.2014,

enclosed with the captioned Settlement Report and marked as

Annexure-A.

2. Counsels for the parties state that not only the plaintiff and the

defendant, but their group companies are also signatories to the

Memorandum of Settlement dated 15.12.2014 and some other

disputes, which were not a subject matter of the present suit, have

been settled during the mediation. It is stated that the defendant and

its group companies have agreed to receive a sum of `1,69,363/- from

the plaintiff and its group companies in full and final settlement of all

their inter se disputes and the said amount has already been paid by

the plaintiff to the defendant.

3. Counsels for the parties state that in view of the aforesaid

settlement arrived at between the parties, nothing further survives in

the present suit, which may be disposed of.

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

the Settlement Report dated 10.3.2015, which has been signed by the

authorized representative of the plaintiff and the defendant and their

respective counsels and by the learned Mediator. Enclosed with the

Settlement Report is the Memorandum of Settlement dated

15.12.2014 (Annexure-A), that has been signed by the plaintiff and its

group companies and defendant and its group companies and

witnessed by their respective counsels. The certified true copies of

the resolutions passed in favour of the signatories to the Memorandum

of Settlement are enclosed with the Settlement Report dated

10.3.2015 and marked as Annexure-B.

5. As counsels for the parties jointly state that their clients 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the Settlement Report dated 10.3.2015 and the

Memorandum of Settlement dated 15.12.2014.

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

recorded in the Settlement Report dated 10.3.2015, while leaving the

parties to bear their own expenses.

7. At this stage, learned counsel for the plaintiff states that as the

parties have arrived at a settlement through the court annexed

mediation, prior to the stage of framing of issues in the suit, the

plaintiff is entitled to claim refund of the court fees in terms of Section

16 of the Court Fees Act.

8. In view of the aforesaid submission made by the counsel for the

plaintiff, the Registry is directed to issue a certificate in favour of the

plaintiff for refund of the court fees under Section 16 of the Court Fees

Act.

9. The suit is disposed of.

10. File be consigned to the record room.

HIMA KOHLI, J JULY 17, 2015 sk/ap