Anchor Health & Beauty Care Pvt Ltd vs Virani Pharma Pvt Ltd & Anr
2015 Latest Caselaw 7518 Del

$~57.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2671/2014
      ANCHOR HEALTH & BEAUTY CARE PVT LTD        ..... Plaintiff
                    Through: Mr. Sudeep Chatterjee, Advocate
                    with Mr. Karan Bajaj, Advocate

                        versus


      VIRANI PHARMA PVT LTD & ANR                  ..... Defendants
                     Through: Mr. P.R. Chatterji, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 01.10.2015

I.A. 20872/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have been able to

arrive at an out of court negotiated settlement. The terms and

conditions of the settlement have been set out in para 3 of the

application, whereunder the defendants have acknowledged the

copyright of the plaintiff in the "ANCHOR" label/logo/device and have

given a series of undertaking to the plaintiff. The defendants have also

agreed to pay a sum of Rs.4 lacs to plaintiff towards litigation costs.

2. Counsel for the plaintiff confirms that he has received a cheque

for the sum of Rs.4 lacs. Counsel for the defendants assures the Court

that the said cheque when presented shall be duly encashed. Learned

counsels state that the suit may be decreed in view of the settlement

arrived at between the parties.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the authorized signatories of the plaintiff and defendants No.1 and 2

and their respective counsels and the same is duly supported by the

affidavits of the signatories.

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 application.

5. The suit is decreed in accordance with the terms and conditions

recorded in the compromise application. Decree sheet be drawn

accordingly.

6. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at a settlement through court

annexed mediation prior to framing of issues in the suit, the plaintiff is

entitled to claim refund of the court fees in terms of Section 16 of the

Court Fees Act.

7. 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 the court fees, as per law.

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

9. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 01, 2015 rkb