Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 668/2023
GSP CROP SCIENCE PVT LTD ..... Plaintiff
Through: Mr. Shashikant Yadav and Mr.
Rahul Bhujbal, Advs.
versus
JAI FARM CHEMICALS PVT LTD ..... Defendant
Through: Mr. Bipin K. Dwivedi and Mr.
Ankit Aakash Dwivedi, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 07.12.2023
I.A. 24495/2023 in CS(COMM) 668/2023
1. The dispute between the parties stands settled and a joint
application under Order XXIII Rule 3 of the Code of Civil Procedure
1908 (CPC) has been moved for decreeing the suit in terms of the
settlement.
2. The terms of settlement are set out thus in para 3 of the
application:
“i. Jai Farm Chemicals 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. Jai Farm Chemicals 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
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:08.12.2023
15:32:55
CS(COMM) 668/2023 Page 1 of 3
matter of the claims of the suit patent, will violate the statutory
rights of the Plaintiff;
iii. Jai Farm Chemicals Pvt. Ltd. affirms that it has not
manufactured or sold any product infringing the claims of IN
394568 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. Jai Farm Chemicals Pvt. Ltd. also undertakes not to deal
with any person/firm/company in relation to products containing
the formulations which are subject matter of the Suit Patent;
v. Jai Farm Chemicals Pvt. Ltd. agrees to suffer a decree in
terms of paragraph 3 of the present Application;
vi. Jai Farm Chemicals 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. 372467 dated 04.12.2023 drawn up on Punjab
National Bank, Batra Hospital, (South Delhi) Delhi- 110062 for a
sum of INR 7,50,000 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, as well as their respective associates, representatives,
successors, partners, employees, affiliates, and assignees-in
business.”
3. The plaintiff and the defendant are represented by learned
Counsel who undertake on behalf of their respective clients to remain
bound by the terms of settlement.
Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:08.12.2023
15:32:55
CS(COMM) 668/2023 Page 2 of 3
4. The Court has perused the terms of settlement and find them to
be lawful and in order.
5. As such, the dispute between the parties does not survive for
consideration on merits.
6. The suit stands decreed in terms of the aforesaid settlement
arrived at between the parties, by which the parties shall remain
bound.
7. Let a decree sheet be drawn up by the Registry.
8. The plaintiff shall be entitled to refund of 50% of the court fees
deposited by it, if any.
9. The next date already fixed in the matter, i.e., 21 December
2023 shall stand cancelled.
C.HARI SHANKAR, J
DECEMBER 7, 2023
dsn
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Signature Not Verified
Digitally Signed
By:HARIOM
Signing Date:08.12.2023
15:32:55
CS(COMM) 668/2023 Page 3 of 3