Mankind Pharma Limited vs Devang Kumar Shah & Ors
2015 Latest Caselaw 7516 Del

$~51.

*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+    CS(OS) 826/2015

     MANKIND PHARMA LIMITED                    ..... Plaintiff
                  Through: Mr. Niloy Dasgupta, Advocate with
                  Mr. Vikramjit Banerjee and Mr. Hemant
                  Daswani, Advocates

                       versus


     DEVANG KUMAR SHAH & ORS                    ..... Defendants
                   Through: Mr. Nikhil Goel, Advocate with
                   Mr. Sajid Marzook, Advocate for D-1 and D-2
                   with D-1 in person.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI


                       ORDER

% 01.10.2015

1. On the last date of hearing, counsel for the plaintiff had stated

that he had been able to persuade his client to climb down from a

demand of Rs.20 lacs raised on the defendants, to a sum of Rs.5 lacs.

However, the said offer was not acceptable to the other side. As a

result, both the parties were directed to ensure the presence of their

authorised representatives.

2. Counsel for the plaintiff states that the authorised representative

of the plaintiff was to attend the Court today but his father has fallen

ill and he had to leave for out of town this morning. He submits that

he has received necessary instructions from his client and can take a

decision on their behalf.

3. Defendant No.1, the Managing Director of the defendant

No.2/company is present. Counsel for the defendants No.1 and 2

states on instructions from his clients that they are willing to pay a

sum of Rs.2,50,000/- to the plaintiff in full and final settlement of all

their claims and additionally, his clients are ready and willing to hand

over the existing stock of the impugned medicines as per the list

furnished to the counsel for the plaintiff vide letter dated 29.04.2015.

A copy of the said letter is handed over by the counsel for the

defendants and is taken on record.

4. Counsel for the plaintiffs states that the offer made by the other

side is acceptable.

5. Accordingly, with the consent of the parties, the suit is decreed

in terms of paras 47 (a) to (c) of the plaint. The defendants shall

hand over the existing stock as per the tabulated statement, which

forms a part of the letter dated 29.04.2015 to the plaintiffs, within two

weeks. The defendants shall pay a sum of Rs.2,50,000/- through a

demand draft to the plaintiff in full and final settlement of all the

claims, subject matter of the present suit within two weeks.

6. The suit is decreed on the aforesaid lines while leaving the

parties to bear their own costs. Decree sheet be drawn accordingly.

7. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 01, 2015 rkb/ap