Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 627/2019 & I.A. 12277/2023
NOVARTIS AG & ANR. ..... Plaintiffs
Through: Ms.Mamta Jha, Mr.Siddhant
Sharma and Ms.Garima Mehta, Advs.
versus
DR. REDDY'S LABORATORIES LTD. ..... Defendant
Through: Mr. George Vithayathil, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 11.07.2023
CS(COMM) 627/2019 & I.A. 12277/2023 ( under Order XXIII Rule
3 of the CPC )
1. The dispute between the parties in this case stand settled and a
joint application has been filed by the parties under Order XXIII Rule
3 of the Code of Civil Procedure, 1908 (CPC) for decreeing of the suit
in terms of the settlement.
2. Para 3 and 4 of the settlement read thus:
“3. The reliefs claimed in the present suit as well as in the
counter claim have become infructuous inasmuch as, during the
pendency of the suit and the counter claim, the term of the suit
patent IN'051 has expired on 16.01.2023. In view thereof, the
Parties have agreed to settle their disputes and their related actions,
and resolve all the pending issues before this Hon'ble Court,
regarding the suit patent IN'051 by releasing and discharging each
other from any and all claims, demands, costs/damages, cause of
action in relation to the present suit and counter claim.
4. The Plaintiffs hereby agree to forego their claims made in
Signature Not Verified
CS(COMM) 627/2019 Page 1 of 2
Signed By:KAMLA
RAWAT
Signing Date:14.07.2023
16:00:50
prayer paragraph nos. 35 (a) to (f) of the Plaint and the Defendant
agrees to forego its claims made in prayer paragraph nos. 64 (a) to
(d) of the counter claim, subject to a decree being passed in the suit
and counter claim in terms of the respective undertakings of the
Parties recorded herein. By signing the present application. the
Parties hereto agree that they have no further claims and/or
demands against each other in relation to the present suit and
counter claim.”
3. Learned Counsel for the parties are present. They undertake on
behalf of their respective clients to be bound by the terms of
settlement.
4. The Court has examined the terms of settlement and found them
to be lawful and in order.
5. As such, nothing survives for adjudication in the present case.
6. This suit stands decreed in terms of the aforesaid terms of
settlement arrived at between the parties by which the parties shall
remain bound.
7. Let a decree sheet be drawn up accordingly by the Registry.
8. The plaintiff would be entitled to refund of 50% of the court
fees, if any, deposited by it.
C.HARI SHANKAR, J
JULY 11, 2023
ar
Signature Not Verified
CS(COMM) 627/2019 Page 2 of 2
Signed By:KAMLA
RAWAT
Signing Date:14.07.2023
16:00:50