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Marico Ltd vs Divine Pharmaceuticals on 10 March, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~19 (09.03.2023)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 503/2018, I.As. 3661/2008, 6184/2008
                                MARICO LTD.                                           ..... Plaintiff
                                                     Through:    Mr. Zeeshan Khan and Ms. Saloni
                                                                 Chowdhry, Advocates.

                                                     versus

                                DIVINE PHARMACEUTICALS                    ..... Defendant
                                             Through: Mr. Bineesh K., Advocate.

                                CORAM:
                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                   ORDER

% 10.03.2023 Suit has been taken up today as 09th March, 2023 was declared as a holiday of the Court pursuant to an Office Order bearing No. 767/I-G-4/Genl.I/DHC dated 07th March, 2023.

I.A. 4670/2023 (under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 ["CPC"] seeking to bring settlement terms on record)

1. Both parties jointly pray for a compromise decree under Order XXIII Rule 3 r/w Section 151 of CPC, in terms enumerated in paragraphs No. 3 (a) to (f) of the above application.

2. The said application is duly supported by Power of Attorney in favour of Authorised Representative of Plaintiff. Counsels mentioned in the appearance above confirm the compromise and pray that the suit be decreed as per terms mentioned in paragraphs No. 3 (a) to (f) of the application.

3. This Court has perused terms of the compromise and finds the same to be lawful.

4. Accordingly, present suit is decreed in favour of Plaintiff and against the Defendant, in terms of compromise recorded in paragraphs No. 3 (a) to

(f) of the application, which shall form part of the decree.

5. Parties shall remain bound by the terms and conditions of the compromise as recorded in the application.

6. Suit is decreed in the above terms. Decree sheet be drawn up.

7. In view of the fact that parties have arrived at a compromise, and in light of the judgment of Supreme Court in The High Court of Judicature at Madras v. M.C. Subramaniam and Ors.,1 the Registry is directed to issue a certificate for refund of 50% Court fees, in favour of Plaintiff - Marico Ltd.

8. Suit and all pending applications stand disposed of.

SANJEEV NARULA, J MARCH 10, 2023 nk 1 Dated 17th February, 2021 in SLP(C) Nos. 3063-3064/2021.