DR ASHIM KUMAR BISWAS v. A TO Z PHARMACEUTICALS AND LABORATORY & ANR.
CS(COMM)/86/2022 · 2025-03-25
Saurabh Banerjee
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9511 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9511 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 86/2022, CRL.M.A. 8968/2024, I.A. 2051/2022, I.A.
7308/2022, I.A. 17407/2023, I.A. 24572/2023, I.A. 24614/2023
DR. ASHIM KUMAR BISWAS
.....Plaintiff Through: Mr. Ankur Bansal and Mr. Sadre Alam, Advocates
versus
A TO Z PHARMACEUTICALS AND LABORATORY & ANR.
.....Defendants Through: Mr. Akshay Srivastva, Ms. Krati Tiwari and Mr. Arnav Goyal, Advocates
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
25.03.2025
1. The learned counsel for the plaintiff submits that the parties have arrived at amicably settlement vide Settlement Agreement dated 03.02.2025 under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908 and, makes an oral prayer to decree the present suit in view of the said Settlement Agreement dated 03.02.2025.
2. The counsels for the respective parties confirm the aforesaid settlement and identify the signatures of their respective clients and pray that the suit be decreed in terms of the Settlement Agreement dated
03.02.2025.
3. This Court has perused the terms of settlement as recorded inter-se the parties and finds them to be lawful. 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 27/03/2025 at 15:03:58
4. Accordingly, the present suit is decreed in terms of the Settlement Agreement dated 03.02.2025.
5. It is also worthwhile to mention that the parties shall remain bound by the terms of Settlement Agreement dated 13.03.2025.
6.
Learned counsel for the plaintiff prays that since the disputes between the parties have been settled amicably, the court fees paid by the plaintiff be refunded in terms of Section 16 of the Court Fees Act, 1870.
7. This Court is of the view that since the disputes between the parties have been amicably settled, on an oral prayer made by the learned counsel for the plaintiff, refund of 75% of the court fees paid by the plaintiff is deemed justifiable.
8. Let a Certificate of refund of 75% of the court fees paid by the plaintiff be prepared by the Registry and handed over to the learned counsel for the plaintiff.
9. Decree sheet be drawn up accordingly.
10. Needless to mention the Settlement Agreement dated 13.03.2025 shall form part of the decree sheet.
11. In view of above, all the pending applications are also disposed of.
SAURABH BANERJEE, J MARCH 25, 2025/akr 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 27/03/2025 at 15:03:58