Full Judgment Text
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 871/2023
GSP CROP SCIENCE PVT LTD ..... Plaintiff
Through: Mr. G. Nataraj, Mr. Shashikant
Yadav and Mr. Rahul Bhujbal, Advs.
versus
SYNERGY INSECTICIDES PVT LTD ..... Defendant
Through: None
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 22.12.2023
1. The dispute between the parties stands settled and IA
26222/2023 has been moved jointly by both sides for decreeing of suit
in terms of the settlement at which they have arrived.
2. The terms of settlement read thus:
“5. The Plaintiff and the Defendant above-named, i.e., Synergy
Insecticides Pvt. Ltd. have arrived at a consensus on the terms and
conditions of a mutually acceptable settlement as detailed
hereinbelow:
i. Synergy Insecticides Pvt. Ltd. i.e., Defendant
acknowledges the Plaintiff’s exclusive right in dealing in
products containing the formulation which is subject matter
protected by the claims of Indian Patent 394568 i.e., the suit
patent;
ii. Synergy Insecticides Pvt. Ltd. further acknowledges
the validity of Indian Patent 394568 and acknowledges that
any act of making, using, offering for sale, selling or
importing, the subject matter of the claims of the suit
patent, will violate the statutory rights of the Plaintiff;
Signature Not Verified
Digitally Signed
By:AJIT KUMAR
Signing
Date:26.12.2023 22:53
Page 1 of 3
CS(COMM) 871/2023
iii. Synergy Insecticides Pvt. Ltd. affirms that it has not
manufactured or sold any product infringing the claims of
IN 394568 after 08.12.2023 and undertakes that during the
lifetime of IN’568 it will not infringe the rights of the
Plaintiff in the claims of the suit patent in any manner,
including for example, by making, using, offering for sale,
selling or importing a product which falls within the scope
of the claims of IN 394568;
iv. Synergy Insecticides Pvt. Ltd. also undertakes not to
deal with any person/company/entity, natural or legal,
relating to products, which to the best of its knowledge,
contain the formulations which are the subject matter of the
Suit Patent, and as a goodwill gesture, agrees to inform
GSP promptly as and when any such third party approaches
Synergy to deal in such products;
v. Synergy Insecticides Pvt. Ltd. agrees to suffer a
decree in terms of paragraph 5 of the present Application;
vi. Synergy Insecticides Pvt. Ltd. undertakes to seek a
license from the Plaintiff in the event it wishes in the future
to manufacture or sell or carry out any other commercial
activity in respect of any suspo-emulsion formulation of
Pyriproxyfen 1-15% and Diafenthiuron 25-55% protected
by Indian Patent 394568;
vii. Defendant has tendered upon the Plaintiff’s Counsel
a cheque bearing no. 420542 dated 18 December 2023
drawn on Axis Bank Limited for a sum of INR 3,50,000.00
as payment for part-cost incurred by the Plaintiff in
prosecution of the present suit;
viii. Subject to the undertakings and statements given by
the parties herein, the Plaintiff waives its claim for delivery
up, damages, rendition of accounts and remaining costs of
the proceedings as regards the Defendant;
ix. Parties agree and undertake that the above
undertakings and statements shall be binding henceforth on
the parties as appropriate and as well as their respective
associates, representatives, successors, partners, employees,
affiliates, employees, agents, distributors, directors,
assignees-in business, and any and all persons acting for
and on their behalf.”
Signature Not Verified
Digitally Signed
By:AJIT KUMAR
Signing
Date:26.12.2023 22:53
Page 2 of 3
CS(COMM) 871/2023
3. Both sides are represented by learned Counsel who undertake
on behalf of their respective clients to remain bound by the terms of
settlement.
4. The Court has perused the terms of settlement and find them to
be lawful and in order.
5. As such, nothing survives for adjudication in the present suit on
merits.
6. The parties shall remain bound by the aforesaid terms of
settlement.
7. The suit stands decreed in terms of the aforesaid settlement.
8. Let a decree sheet be drawn up by the Registry accordingly.
9. The plaintiff shall be entitled to refund of 50 % of the court fees
deposited by it, if any.
C. HARI SHANKAR, J.
DECEMBER 22, 2023
dsn
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Signature Not Verified
Digitally Signed
By:AJIT KUMAR
Signing
Date:26.12.2023 22:53
Page 3 of 3
CS(COMM) 871/2023