Kibow Biotech Inc vs Alniche Life Sciences Pvt Ltd
2016 Latest Caselaw 5874 Del

$~29
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(COMM) 1005/2016 & CC No.30/2015
       KIBOW BIOTECH INC                         ..... Plaintiff
                    Through : Mr. Neel Mason, Advocate

                          versus

       ALNICHE LIFE SCIENCES PVT LTD               ..... Defendant
                     Through : Mr. Sushant Singh, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 07.09.2016 I.A. 11061/2016 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the parties stating inter alia that during the pendency of the suit proceedings, they have been able to arrive at an out of court settlement.

2. The details of the terms and conditions of the settlement have been set out in para 1(A) to (E) of the application, whereunder the defendants have undertaken to the plaintiff that they shall not use the probiotic bacterium known as Streptococcus thermophilus between 5 to 20 billions colony forming units in its composition while manufacturing the products and subject to the aforesaid undertaking, the plaintiff has agreed that it has no objection to the defendants using the Streptococcus thermophilus at 4.50 billions colony forming units, as detailed in para 1(B) of the application. Further undertakings have been given by the defendants to the plaintiff, as recorded in para 1(C) of the application. In view of the settlement arrived at between the parties, the parties have given up the remaining reliefs against

each other.

3. Counsels for the parties jointly state that in view of the settlement arrived at between the parties and recorded in the present application, the suit as also the counter claim may be disposed of.

4. The Court has pursued the present application. The same has been signed by the authorized representative of the plaintiff, Director of the defendant No.1 and the CEO of the defendant No.2, apart from their respective counsels. The application is supported by the affidavits of the signatories to the application.

5. As counsels for the plaintiff and the defendants 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 settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the application.

6. The suit as also the counter claim are disposed of in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own costs.

7. The date already fixed in the matter, i.e., 15.9.2016 stands cancelled.

8. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 07, 2016 sk/rkb