Win-Medicare Pvt Ltd vs M/S S R Formulations India Pvt Ltd & ...
2015 Latest Caselaw 4110 Del

$~13.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3176/2014 and I.A. 20385/2014
      WIN-MEDICARE PVT LTD                     ..... Plaintiff
                    Through: Ms. Sanya Bhatnagar, Advocate

                        versus


      M/S S R FORMULATIONS INDIA PVT LTD & ANR..... Defendants
                     Through: Ms. Lipokienla Echa, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 21.05.2015

I.A. 11002/2015 (joint application u/O XXIII R 3 CPC)

1. The present application has been jointly filed by the parties

stating inter alia that during the pendency of the present proceedings,

they have arrived at an out of court negotiated settlement. The terms

and conditions of the settlement have been set out in paras 2 to 11 of

the application, whereunder the defendants have given a series of

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

plaintiff has agreed to forego the claim of rendition of accounts, costs

and damages.

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

terms of the settlement.

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

been signed by the authorised representative of the plaintiff and the

Vice-President of the defendants No.1 and 2 and their respective

counsels. The application is supported by the affidavits of the

signatories to the application.

4. 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 present application.

6. The suit is decreed in terms of the settlement recorded in the

application, while leaving the parties to bear their own expenses.

7. The suit is disposed of alongwith the pending application.

HIMA KOHLI, J MAY 21, 2015 rkb/ap