Delhi High Court
M/S Antex Pharma Pvt. Ltd. vs Skymap Pharmaceuticals & Ors. on 27 March, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 973/2013 & IA No.8494 & 8495/2013
Decided on 27.03.2015
IN THE MATTER OF :
M/S ANTEX PHARMA PVT. LTD. ..... Plaintiff
Through: Mr.Sumit Rajput, Advocate
versus
SKYMAP PHARMACEUTICALS & ORS. ..... Defendants
Through: Mr. Kapil Kher and Mr.Ankur Gosain,
Advocates for D-1 & 3
Mr.Gaurav Kapoor, Advocate with Mr.Vinod
Dhingra, Proprietor of D-2 in person
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
IA No.6551/2015(u/O XXIII R 3 CPC)
1. The present joint compromise application has been filed by the
parties stating inter alia that they have arrived at an out of court
amicable resolution to the disputes raised in the present suit. The
terms and conditions of the settlement are recorded in para 2 of the
application.
2. Learned counsels for the parties state though the defendant
No.3 is not a signatory to the present application, learned counsel for
the defendants No.1 & 3 has signed the application on behalf of his
clients and he is authorized to make a statement on behalf of
defendant No.3 and the said defendant shall also remain bound by the
settlement recorded in the present application.
3. Learned counsel for the defendants No.1 & 3 states that the
defendant No.3 does not have any objection to the present application
being allowed and shall file an affidavit, if so directed, to confirm the
terms of settlement if granted two weeks' time for the said purpose.
4. Learned counsel for the plaintiff states that the plaintiff does not
have any objection to the aforesaid suggestion.
5. The application has not been signed by the defendant No.2.
However, Mr.Vinod Dhingra, Proprietor of the defendant No.2 is
present and is represented through counsel who states that his client
shall remain bound by the terms and conditions of the settlement
recorded in the present application and his client does not have any
objection to the present application being allowed.
6. Learned counsels for the parties jointly state that the present
application may be taken on record and the parties be bound to the
conditions recorded therein and the suit may be decreed in terms of
prayer (a) and (b) of the plaint.
7. The Court has perused the present application. The same has
been signed by the Director of the plaintiff and its counsel as also by
the Director of the defendant No.1 and the counsel for the defendants
No.1 & 3. The application is supported by the affidavits of the
signatories to the application.
8. 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 application is
allowed. All the parties, whether signatories or otherwise shall remain
bound by the settlement.
9. The suit is decreed in terms of the prayer clauses (a) & (b) as
also in terms of the conditions recorded in the present application, as
set out in para 2, while leaving the parties to bear their own expenses.
10. The defendant No.3 shall file an affidavit within two weeks
confirming inter alia that he shall abide by the terms and conditions of
the settlement recorded in the present application with a copy to the
other side.
11. At this stage, learned counsel for the plaintiff states that in view
of the fact that the parties have arrived at an out court settlement,
the plaintiff is entitled to claim refund of 50% of the court fees in
terms of Section 16-A of the Court Fees Act.
12. 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.
13. File be consigned to the record room.
(HIMA KOHLI)
MARCH 27, 2015 JUDGE
mk
