Mankind Pharma Ltd & Anr vs Macmillon Pharmaceuticals Ltd on 15 December, 2022

[Cites 3, Cited by 0]

Delhi High Court - Orders

Mankind Pharma Ltd & Anr vs Macmillon Pharmaceuticals Ltd on 15 December, 2022

Bench: Amit Bansal

$~26
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       CS(COMM) 724/2022
        MANKIND PHARMA LTD & ANR.            ..... Plaintiffs
                    Through: Mr. Hemant Daswani and
                             Ms. Saumya Bajpai, Advocates.

                           versus

        MACMILLON PHARMACEUTICALS LTD         ..... Defendant
                    Through: Mr. Amit Singh Sulia, Advocate.

        CORAM:
        HON'BLE MR. JUSTICE AMIT BANSAL
                           ORDER

% 15.12.2022 CS(COMM) 724/2022 & I.A. 21391/2022 (O-XXIII R-3 of CPC)

1. The present application has been jointly filed on behalf of the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), for recording settlement. The application is supported by the affidavits of the plaintiffs and the defendant.

2. The terms of the settlement are recorded in paragraph 2 of the application.

3. I have examined the terms of the settlement and do not find anything unlawful therein. Parties shall remain bound by the terms of the settlement.

4. Accordingly, the suit is decreed in terms of the said settlement. The present application shall form part of the decree.

5. Let the decree sheet be drawn up.

6. All the pending applications stand disposed of.

Signature Not Verified Digitally Signed By:AMIT BANSAL

CS(COMM) 724/2022 Signing Date:16.12.2022 Page 1 of 2 12:36:52

7. The suit along with all the pending applications stands disposed of.

8. The suit has been settled between the parties at an early stage. Therefore, in view of the observations of the Supreme Court in the judgment of High Court of Judicature at Madras, Represented by its Registrar General v. M.C. Subramaniam and Ors., (2021) 3 SCC 560, followed by this Court in Western Infrabuild Products LLP v. Western Steel India and Ors., 2022 (89) PTC 407 (Del), the plaintiffs are entitled to refund of the entire court fees.

9. Accordingly, the Registry is directed to refund 100% court fees to the plaintiffs, in terms of Section 16 of the Court Fees Act, 1870.

AMIT BANSAL, J.

DECEMBER 15, 2022 at Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 724/2022 Signing Date:16.12.2022 Page 2 of 2 12:36:52

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders