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2023 DAILYLAW 7573 (DEL)

SANDISK LLC v. JOHN DOE

CS(COMM)/78/2023 · 2026-08-13

Anup Jairam Bhambhani

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 78/2023 Page 1 of 3 $~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010042942023 + CS(COMM) 78/2023 SANDISK LLC .....Plaintiff Through: Mr. Prithvi Singh with Ms. Devyani Nath, Ms. Vanshika Singh, Advocates. versus BHARAT KUMAR & ANR. .....Defendants Through: Mr. Manish Sharma with Mr. Abhishek Verma, Mr. Vikas Sharma, Mr. Chetan Anand Yadav, Ms. Janhavi Singh, Mr. Shrajan Rawat, Mr. Piyus Pal, Advocates for D1. Ms. Riya Soni with Mr. Sunil Kumar Tripathi, Ms. Kavya Thapliyal, Advocates for D2. CORAM: HON'BLE MR. JUSTICE A. J. BHAMBHANI O R D E R % 13.08.2026 I.A. 21865/2026 By way of the present joint application filed under Order XXIII Rule 3 read with section 151 of the Code of Civil Procedure 1908, the parties seek disposal of the suit by way of a decree in terms of the settlement arrived at between the parties as detailed in para 4 of the present application. 2. The application is supported by affidavits of both parties. 3. Learned counsel for the plaintiff is present in court and learned counsel for the defendants has joined via video-conferencing. 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 25/08/2026 at 12:19:09 CS(COMM) 78/2023 Page 2 of 3 4. Learned counsel for the defendants confirms that defendants have settled the matter in the terms contained in para 4 of the application and that the suit may be decreed in those terms. 5. The court has perused the terms of settlement as set-out in the application and is satisfied that the parties have resolved their inter-se disputes by a lawful agreement; and there is no impediment to accepting the settlement. 6. Learned counsel for the plaintiff submits, that two aspects of the settlement as set-out in para 4(f) and (g) are to be performed. Counsel confirms that the plaintiff has received the sum of Rs.2.5 lacs as per para 4(g) and the remaining sum of Rs.10 lacs is to be paid in two tranches by the defendants. Counsel further states that as per agreement between the parties, out of this sum of Rs. 10 lacs, the first tranche of Rs.05 lacs which was to be paid on 30.07.2026 is now agreed to be payable within 01 week from today and the other tranche of Rs.05 lacs is agreed to be payable by or before 30.08.2026. 7. Learned counsel for the defendants submits, that the defendants will abide by their obligations under the settlement. 8. In view of the above, the application is allowed. 9. The terms of the settlement are taken on record and parties are directed to remain bound by the said terms. 10. Application stands disposed-of. CS(COMM) 78/2023 11. In view of the above, the suit is decreed in favour of the plaintiff and against the defendants in accordance with the terms contained in the settlement as narrated in para 4 of I.A. No.21865/2026. 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 25/08/2026 at 12:19:09 CS(COMM) 78/2023 Page 3 of 3 12. The Registry is directed to draw-up a decree sheet in the above terms. The terms of settlement shall form part of the decree. 13. The suit is disposed-of in the above terms. 14. Pending applications, if any, also stand disposed-of. 15. The date of 06.10.2026 before court stands cancelled. 16. Learned counsel for the plaintiff also prays for refund of court-fee, since the parties have settled their dispute amicably. 17. It is noticed that in view of the Court Fees (Delhi Amendment) Act, 2026 which came into effect on 06.03.2026, section 16-A of the Court Fees Act, 1870 (as was applicable to Delhi) has been omitted. Accordingly, section 16 of the Court-fees Act, 1870 would be applicable, which allows for refund of the entire amount of court fee affixed on the plaint. 18. However, considering that the suit has been pending since 2023, the Registry is directed to refund half the court fee affixed on the plaint. 19. Accordingly, the Registry is directed to draw-up the requisite certificate in favour of the plaintiff for refund of half the court fee affixed on the plaint, within 04 weeks from today. A. J. BHAMBHANI, J AUGUST 13, 2026 ds 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 25/08/2026 at 12:19:09