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Delhi High Court - Orders

Modi-Mundipharma Pvt. Ltd vs M/S Accent Pharma & Anr on 25 May, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~22
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(COMM) 502/2018
                                                MODI-MUNDIPHARMA PVT. LTD.                                                            ..... Plaintiff
                                                                                      Through:                 Ms. Prachi Agarwal and Ms. Mishthi
                                                                                                               Dubey, Advocates.

                                                                                      versus

                                                M/S ACCENT PHARMA & ANR.                                                           ..... Defendants
                                                                                      Through:                 Mr. Davesh Bhatra, Mr. Arjun
                                                                                                               Mahajan and Mr. Raghuvendra N.
                                                                                                               Subhodia, Advocates for D-2.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                           ORDER

% 25.05.2023

1. Ms. Prachi Agarwal, counsel for Plaintiff, states that no relief is being pressed against Defendant No. 1. Her statement is taken on record.

2. The Plaintiff and Defendant No. 2 have executed a settlement agreement on May 18, 2023 ("Agreement") through the mediation and conciliation proceedings conducted by the Delhi High Court Mediation and Conciliation Centre. The Agreement is accompanied with (a) scanned copy of power of attorney dated 13 May 2023 in favour of Aarti Chugh, authorised representative of Plaintiff and (b) scanned certified copy of the board resolution passed by the administrative committee of the board of directors dated 22 October 2020, whereby the committee has authorised Ms. Pritee Mishra to be its authorised representative, as well as consent e-mails written by authorized representatives to Mediation Centre.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 06:30:11

3. Counsel for the parties mentioned in the appearance above confirm the terms of settlement and pray for the suit to be decreed in terms thereof. The Court has perused the said terms and finds the same to be lawful. Defendant No. 2's counsel has handed over a cheque of Rs. 3 lakhs to the Plaintiff's counsel in terms of the Agreement.

4. Accordingly, the present suit is decreed in favour of the Plaintiffs and against Defendant No. 2, in terms of the Settlement Agreement dated 18 May 2023, which shall form part of the decree. Parties shall remain bound by the terms and conditions of the settlement.

5. Considering the fact that the parties have settled the matter through mediation, Registry is directed to issue a certificate for refund of 75% of the Court fees, in favour of the Plaintiff.

6. Decree sheet be drawn up.

7. Suit and pending applications stand disposed of.

SANJEEV NARULA, J MAY 25, 2023 nk This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 06:30:11