Vsaar Fashions Pvt Ltd vs Isha Natural Beauty Products & ...
2015 Latest Caselaw 1853 Del

37
*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CS(OS) 4022/2014 & IA No.26237/2014

                                           Decided on 03.03.2015
IN THE MATTER OF:
VSAAR FASHIONS PVT LTD                           ..... Plaintiff
                    Through : Mr. Asheesh Jain, Advocate

                         versus

ISHA NATURAL BEAUTY PRODUCTS & WELLNESS PVT LTD
                                                  ..... Defendant
                   Through : Ms. Rupal Bhatia, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. No.4243/2015 (u/O I R-10 CPC)

1. The present application has been filed by the plaintiff praying

inter alia for permission to implead M/s. Kalpaveda Essential Ayurveda

Pvt. Ltd., a sister concern of the defendant, as a co-defendant in the

suit.

2. Counsel for the plaintiff states that during the pendency of the

present proceedings, the parties have arrived at an out of court

settlement and in terms thereof, it has been agreed between the

plaintiff and the defendant that the defendant's sister concern, the

proposed defendant No.2, shall also continue to remain in occupation

of the suit premises and the mesne profits/damages in respect thereof

for the period during which the defendants shall remain in occupation,

as recorded in IA No.4241/2015, shall be paid by the proposed

defendant.

3. Notice. Counsel for the non-applicant/defendant No.1 and the

proposed defendant No.2 accepts notice and states that in view of the

fact that the parties have arrived at an out of court settlement and it is

only in terms of the said settlement that the present application for

impleadment of the proposed defendant No.2 has been filed, she does

not have any objection to the prayer made therein being allowed.

4. Accordingly, for the reasons stated in the application, the same

is allowed and M/s. Kalpaveda Essential Ayurveda Pvt. Ltd. is

permitted to be impleaded as defendant No.2 in the present

proceedings. The amended memo of parties enclosed with the

application is taken on record. The same shall be placed in part-I file.

5. The application is disposed of.

I.A. No.4241/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

plaintiff and the defendants stating inter alia that during the pendency

of the suit, they have arrived at an out of court settlement. The terms

and conditions of the settlement are set out in para 3 of the

application and both the parties state that they shall remain bound by

the same. In the eventuality of the defendants failing to honour the

obligations undertaken by them in the application, the consequences

thereof have been spelt out in para 5 of the application.

2. Counsels for the parties state that the suit may be disposed of in

view of the settlement arrived at between the parties.

3. The Court has pursued the present application. The same has

been signed by the authorized representatives of the plaintiff and the

defendants No.1 & 2 and by their respective counsels. The application

is supported by the affidavits of the authorized representatives and

the resolutions of the Board of Directors of the respective parties

authorizing the deponents of the affidavits to sign the application.

4. As counsels for the plaintiff and the defendants 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

5. The application is allowed and the suit is disposed of, along with

the pending application, in terms of the settlement arrived at between

the parties, as recorded in the application, while leaving them to bear

their own costs.

6. The date already fixed in the suit, i.e., 9.3.2015 stands

cancelled.

IA No.4242/2015 (by the plaintiff u/Sec.16A of the Court Fees Act)

1. The present application has been filed by the plaintiff praying

inter alia for refund of the court fees in terms of Section 16A of the

Court Fees Act, 1870)

2. Counsel for the plaintiff states that in view of the fact that the

parties have arrived at an out of court settlement when the suit is still

at the stage of completion of pleadings, the plaintiff is entitled to claim

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

Fees Act.

3. 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 50% of the court fees, as per law.

4. The application is disposed of.

5. File be consigned to the record room.

                                                       (HIMA KOHLI)
MARCH 03, 2015                                            JUDGE
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