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HIGH COURT OF DELHI
CONT.CAS(C)324/2020&CM APPL.13650/2020
ALKEM LABORATORIES LIMITED Petitioner
ALKEM LABORATORIES LIMITED Petitioner
Through: Mr. Sagar Chandra,Ms. Srijan Uppal and Ms. Mehak Dua, Advs. for petitioner.
Mr. Shravanth Shaker, Adv. for respondents.
29.01.2021 The hearing was conducted through video conferencing.
ORDER
1. The learned counsel for the respondents submits that the respondents have filed an unqualified, imconditional and unreserved apology for the breach in compliance of this Court's directions. The apology is accepted. The respondents are stated to be in difficult medical conditions.
2. The learned counsel for the petitioner submits that although some monies are due from the respondents in terms of the decree, for Signature Not.Verified Not.Ve] ■ABvjjlAM Digitally signedByj^MLESH KUMAR ^ SigningDatoiOl.12.2021 2021:DHC:4422 which the petitioner will pursue its remedies as may be available in law,nevertheless the respondents ought to be put to terms for their breach.
3. Taking a cue from Merck Sharp & Dohme Corp & Anr V[5]. AbhayakumarDeepak & Anr,CONT.CAS(C)846/2018,in which, the respondent pharmaceutical company had accepted the breach of Court's orders, so costs were imposed but the same was to be expended for plantation of 1,40,000 trees in Delhi. By the aforesaid breach, the present respondents, are stated to have generated a revenue of merely Rs.3.[5] lakhs. In the circumstances, costs are imposed on it by way ofsupplying 200 trees,to the DCF (South) for plantation in the Central Ridge and/or the Southern Ridge. The respondent's expenditure for procurement ofthe trees is capped at Rs.25,000/-. Depending upon the soil type and topography, the respondents may consider trees of the following variety:
(i) Dhau (ii) Hingot
(v) Dhak (vi) Phulai
(vii) Kareel (viii) Salai
(ix) Kala siris (x) Kaniar
(xi) Kulu (xii) Pisangan
(xiii) Amaltas (xiv) Chudailpapdi
(xv) Ronjh (xvi) Bistendu
4. Each tree shall have a minimum oftwo-years' nursery-age and a Signature NotVerified ire Not.Ve] igned ByXAW KUMAR • ' Signing Date:OI.12.2021 12:59:26 —' # preferable height of six feet. Plantation oflakhs of trees in forest areas in the city, under orders in the above referred and similar cases,is an ongoing exercise for the past about30 months.
5. Compliance affidavit along with photographs, be filed by the respondents and the DCF concemed,by 31.03.2021,failing which the case shall be listed for directions.
6. A copy ofthis order be served upon the Standing Counsel(Civil), GNCTD, 430, Lawyers Chambers Delhi High Court, for intimation and compliance.
7. The petitions,along with pending applications, are disposed-offin terms ofthe above.
8. The order be uploaded on the website forthwith. NAJR^AVAZIRI,J JANUARY 29,2021 AB Signature Not.Verified Digitallysi^wlByAAMLESH KUMAR; jr Signing Datc:OI.12.2021