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2025 Supreme(Online)(Del) 47872

IN THE HIGH COURT OF DELHI AT NEW DELHI
DANONE ASIA PACIFIC HOLDINGS PTE. LTD. VS. M/S ROCKWELL PHARMACEUTICALS & ORS.
CS(COMM) 950/2025



$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 950/2025 NOVARTIS AG & ANR. .....Plaintiffs Through: Ms. Mamta R. Jha, Ms. Anjeeta Rani, Ms. Pragya Jain and Mr. Aneesh Raj, Advs. versus NOVARISE PHARMACHEM PRIVATE LIMITED .....Defendant Through: Ms. Shivali Chaudhari, Adv.

(Through VC)

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 09.12.2025 I.A. 30765/2025

1. The present application has been filed jointly by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 [CPC], seeking the disposal of the suit in terms of the Settlement arrived at between the parties.

2. The application stands duly signed by the parties and their directors, and is supported by their affidavits.

3. Learned counsel for the parties state that the plaintiffs and the defendants decided to settle their dispute amicably to avoid any further litigation.

3.1. They state that the terms of the settlement are more specifically recorded in paragraph ‘3’ of the captioned application.

3.2. It is stated that parties undertake to remain bound by the obligations assumed under the settlement.

4. This Court has perused the terms and conditions of the settlement agreement and is satisfied that the compromise between the parties as contained in the captioned application satisfies the requirement of the Order XXIII Rule 3 CPC. The compromise contained in the captioned application is lawful, and therefore, this Court does not find any impediment in disposing of the underlying suit in terms of the aforenoted settlement.

5. The statement and undertakings given by the learned counsel for the parties are accepted by this Court, and the parties are held bound by the same.

6. Consequently, the captioned application is allowed, and the suit is hereby decreed in terms of the conditions agreed between the parties as recorded in the captioned application. The remaining reliefs in the plaint are disposed of as not pressed.

7. The Registry of this Court is directed to draw a decree in terms of this order. The settlement terms set out in the captioned application shall also form part of the decree.

Refund of Court fees

8. Learned counsel for the plaintiffs states that, in view of the compromise recorded between the parties and the early disposal of the suit, the plaintiffs pray for a partial refund of the court fee deposited.

9. Keeping in view the aforesaid facts, the registry is directed to refund 50% Court Fee in favour of the plaintiffs within four [4] weeks, in accordance with law. The said direction has been passed having regard to Sections 16 and 16A of the Court Fees Act, 1870.

10. Pending applications, if any, stand disposed of.

11. All future dates stand cancelled.

12. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

MANMEET PRITAM SINGH ARORA, J DECEMBER 9, 2025/hp/aa

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