Laxman Industries Limited vs Laxman Marketing Private Limited ...
2015 Latest Caselaw 5484 Del

$~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1013/2009 & IA No.7280/2009
      LAXMAN INDUSTRIES LIMITED                      ..... Plaintiff
                    Through : Dr. Saif Mahmood, Advocate

                          versus

      LAXMAN MARKETING PRIVATE LIMITED AND ORS......Defendants
                    Through : Mr. Sanjeev Aggarwal, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 31.07.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, a Settlement Agreement dated

13.7.2015 has been placed on record.

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

the settlement have been set out in para 6 of the Settlement

Agreement dated 13.7.2015, whereunder the defendants have given a

series of undertakings to the plaintiff and in lieu of the said

undertakings, the plaintiff has agreed that it shall not press the relief

of damages, costs, etc., against the defendants.

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

arrived at between the parties, the Settlement Agreement dated

13.7.2015 may be taken on record and the suit be disposed of.

4. The Court has perused the Settlement Agreement dated

13.7.2015. The terms and conditions of the settlement are set out in

paras 6 thereof. The same has been signed by the authorized

representatives plaintiff and the defendants and their respective

counsels. Copies of the extract of the minutes of the meeting of the

Board of Directors of the plaintiff and the defendants, authorizing the

signatories to enter into a settlement in the suit are enclosed with the

Settlement Agreement which has also been signed by the counsels for

the parties and the learned Mediator.

5. 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 Settlement Agreement is taken on record. The parties

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

6. The suit is decreed in terms of the aforesaid Settlement

Agreement dated 13.7.2015, while leaving the parties to bear their

own expenses.

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

8. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement through the

court annexed mediation, the plaintiff is entitled to claim refund of the

court fees in terms of Section 16 of the Court Fees Act.

9. 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.

10. File be consigned to the record room.

HIMA KOHLI, J JULY 31, 2015 sk