Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1136/2016
ABBOTT HEALTHCARE PVT. LTD. ..... Plaintiff
Through: Mr. Deb Jyoti Ghosh, Advocate.
versus
J.B REMEDIES PVT. LTD. & ORS. ..... Defendants
Through: Mr. Dhananjay Garg, Advocate.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 30.08.2016
I.A. No.10414/2016 (joint application under Order XXIII Rule 3 CPC)
1. The present joint application has been filed by the parties stating, inter
alia , that during the pendency of the suit proceedings, they have been able to
arrive at an out of court settlement and the terms and conditions of the said
settlement have been set out in para 2 of the application, wherein the
defendants have admitted the plaintiff to be the registered proprietor of the
trademark, “ESGIPYRIN” in class 5 and has given a series of undertakings
to the plaintiff. The defendants have also agreed to pay a sum of
Rs.1,00,000/- as token amount towards damages to the plaintiff.
2. Counsel for the plaintiff states that the plaintiff has received a sum of
Rs.1,00,000/- from the defendants. He also confirms that the defendants
have handed over all the existing stocks and packing material bearing the
marks “EAZEEPYRIN” for the purpose of destruction. In view of the
undertakings given by the defendants, the plaintiff has given up the relief of
damages and cost, etc. and both the parties state that the suit may be decreed
CS(COMM) 1136/2016 Page 1 of 2
in terms of paras 33(a), (b), (c) & (d) of the plaint and the terms and
conditions recorded in the present application.
3. The Court has perused the present application. The same has been
signed by the authorised signatory of the plaintiff company and the Director
of defendant No.1 as also the defendant No.2 and their respective counsels.
The same is supported by the affidavits of the signatories to the application.
4. As counsels for the parties jointly state that their clients have arrived
at the aforesaid settlement of their own free will and volition and without
any undue influence or coercion from any quarters, there appears no legal
impediment in accepting the settlement. The parties shall remain bound by
the terms and conditions of the settlement recorded in the present
application.
5. The suit is decreed in terms of prayers contained in paras 33(a), (b),
(c) & (d) of the plaint and the conditions recorded in the present application
while leaving the parties to bear their own costs.
6. The suit is disposed of along with pending applications.
7. File be consigned to the record room.
HIMA KOHLI, J
AUGUST 30, 2016
hs
CS(COMM) 1136/2016 Page 2 of 2