Allowed

Ahlcon Parenterals (India) Ltd. v. Usha Distributors & Ors.

Delhi HC9 Nov 2016CS(COMM)/641/2016

Case brief

AI extract

What is this about?

The court allowed an application under Section 152 CPC to rectify a decree. It directed that an order be added to the existing decree reflecting the defendant's undertaking to pay a specific amount with interest at 10% on the diminishing balance from 16.07.2014.

What did the court decide?

The order dated 09.11.2016 was rectified to include a clause directing interest at 10% on the diminishing balance from 16.07.2014.

Ahlcon Parenterals (India) Ltd. Vs Usha… — Civil Procedure and Limitation | Delhi HC (2016)

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$~26

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 641/2016

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AHLCON PARENTERALS (INDIA) LTD ..... Plaintiff

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Through: Dr. B.K. Dash, Advocate along with Ms. Heena Tangri, Advocate. Mr. Ranjan Kumar Sahu, Authorized Representative for the Plaintiff.

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versus

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USHA DISTRIBUTORS & ORS ..... Defendants Through: Mr. Akshay Ringe, Advocate.

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CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA

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O R D E R % 01.12.2016

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I.A. 14847/2016 (application under Section 152 CPC on behalf of the plaintiff.

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The application has been moved by the decree holder stating therein that the present decree has been passed on the basis of settlement between the parties. The statement of Mr. Kiran Somalwar, Partner of Defendants No. 1 and 2 firms was recorded on 09.11.2016 whereby he undertook to pay the amount of Rs. 2,62,09,469/- with interest at the rate of 10% on the diminishing balance from 16^th July, 2014. It is submitted that while passing the decree on the same date, inadvertently, this direction could not be issued. Learned counsel for defendants has prayed that the order be rectified to this effect.

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Learned counsel for the defendants has submitted that he has no objection if the application be allowed and confirmed to the statement made by the partner of Defendant nos. 1 and 2.

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In view of the above, it is directed that an order dated 09.11.2016 is rectified to the effect that “..........The amount of Rs.2,62,09,469/shall carry interest @ 10% on the diminishing balance from 16.07.2014” be added and the relevant paragraph shall now be read as:-

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“Arguments were heard in part. Parties have expressed their desire to resolve the matter amicably. The partner of defendants No. 1 and 2 firm, Shri Kiran Somalwar is present in Court. He wishes to make a statement. His statement has been recorded separately, wherein the defendant has given an undertaking to pay Rs.2,62,09,469/- to the plaintiff. The amount of Rs.2,62,09,469/- shall carry interest @ 10% on the diminishing balance from 16.07.2014”

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The application stands disposed of with these directions. Decree sheet be prepared accordingly.

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DEEPA SHARMA, J

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DECEMBER 01, 2016 sapna

Ahlcon Parenterals (India) Ltd. v. Usha Distributors & Ors.

Case brief

What is this about?

What did the court decide?

Ahlcon Parenterals (India) Ltd. v. Usha Distributors & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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