Delhi High Court
M/S Antex Pharma Pvt. Ltd vs Mks Pharma Ltd & Ors. on 27 March, 2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2420/2012 & IA No.14528/2012
Decided on 27.03.2015
IN THE MATTER OF :
M/S ANTEX PHARMA PVT. LTD. ..... Plaintiff
Through: Mr.Sumit Rajput, Advocate
versus
MKS PHARMA LTD & ORS. ..... Defendants
Through: Mr. Kapil Kher and Mr.Ankur Gosain,
Advocates for D-1 & D-2
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
IA No.6552/2015(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 3 of the
application.
2. Learned counsels for the parties state though the defendant
No.2 is not a signatory to the present application, learned counsel for
the defendants has signed the application on behalf of his clients and
he is authorized to make a statement on behalf of the defendant No.2
as well and the said defendant shall also remain bound by the
settlement recorded in the present application.
3. Learned counsel for the defendants states that the defendant
No.2 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. Learned counsels for the parties 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.
6. 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.
The application is supported by the affidavits of the signatories to the
application.
7. 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.
8. The suit is decreed in terms of prayers (a) & (b) as also in terms
of the conditions recorded in the present application, as set out in para
3, while leaving the parties to bear their own expenses.
9. The defendant No.2 shall file an affidavit within two weeks
confirming inter alia that it shall abide by the terms and conditions of
the settlement recorded in the present application, with a copy to the
other side.
10. 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.
11. 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.
File be consigned to the record room.
(HIMA KOHLI)
MARCH 27, 2015 JUDGE
mk/sk
