Gsp Crop Science Pvt Ltd vs. Br Agrotech Limited And Anr

Neutral Citation Number : 2023/DHC/001649
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 82/2023 & I.A. 4327/2023
GSP CROP SCIENCE PVT LTD ..... Plaintiff
Through: Mr. G. Nataraj, Mr. Shashikant
Yadav, Ms. Harshita Agarwal, Mr. Rahul
Bhujbal and Mr. Vishal Mishra, Advs.

versus

BR AGROTECH LIMITED AND ANR ..... Defendants
Through: Mr. Neeraj Yadav, Adv.for D-1

CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)
% 03.03.2023

I.A. 4327/2023 ( Under Order XXIII Rule 3 of CPC )

1. This is an application under Order XXIII Rule 3 of the Code of
Civil Procedure, 1908 (CPC), for decreeing of the suit qua Defendant
1, as the dispute between the petitioner and Defendant 1 stands settled.

2. The terms and conditions of settlement have been set out in the
application, and read thus:
“i. BR Agrotech i.e., Defendant No. 1 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. BR Agrotech further also 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 therein;

CS(COMM) 82/2023 Page 1 of 4


Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2023
14:50:45

Neutral Citation Number : 2023/DHC/001649
iii. BR Agrotech stipulates that it has manufactured and sold a
suspo-emulsion formulation of Pyriproxyfen 5% and Diafenthiuron
25% to the following Companies as mentioned below. The details
till date of the signing of this settlement are set out hereinbelow:

iv. BR Agrotech affirms that it has not manufactured or sold
any product infringing the claims of IN 394568 to any other entity
apart from the Companies identified above in paragraph (iii), 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;

v. BR Agrotech also undertakes to inform the Plaintiff within
48 hours of any request received from any third party for supply of
any product which comprises of a suspo-emulsion of Pyriproxyfen
range of 1-15% and Diafenthiuron in range of 5-25% and to assist
and cooperate with the Plaintiff in any enforcement action that the
Plaintiff may choose to pursue against such third party;

vi. BR Agrotech agrees to suffer a decree in terms of Prayer (a)
of the plaint, as set out hereinbelow:

"A decree of permanent injunction restraining the
Defendant, their directors, employees, officers, servants,
agents, subsidiaries, affiliates and all other acting for and on
their behalf from making, using, selling, distributing,
advertising, exporting, offering for sale, and in any other
manner, directly or indirectly, dealing in any product or
process that infringes the claimed subject matter of the
CS(COMM) 82/2023 Page 2 of 4


Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2023
14:50:45

Neutral Citation Number : 2023/DHC/001649
Plaintiff's Indian Patent No. 394568 or any of the claims
thereof, including any suspo-emulsion formulation of
Pyriproxyfen and Diafenthiuron wherein the Pyriproxyfen
is in the range of 1-15% and Diafenthiuron is in the range
of 5-25%"

vii. BR Agrotech 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 5-25%
protected by Indian Patent 394568;

viii. Plaintiff undertakes to cooperate with Defendant No. 1 i.e.,
BR Agrotech in the application it will move to secure release from
the Hon’ble Court of the original material including any documents
etc., seized during the raid conducted on its premises in New Delhi
on 20.02.2023;

ix. Subject to the undertakings and statements given by the
parties herein, the Plaintiff waives its claim for delivery up,
damages, rendition of accounts and costs of the proceedings as
regards the Defendant No. 1;

x. Parties agree and undertake that 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. As such, no dispute survives between the plaintiff and
Defendant 1 as would require consideration by the court.

4. Learned Counsel for the plaintiff and Defendant 1 are present
and agree, on behalf of their respective clients, to abide by the
aforesaid terms of settlement.

5. Accordingly, the suit stands decreed qua Defendant 1 in terms
of the terms of settlement reproduced hereinabove.

6. Let a decree sheet be drawn up by the Registry accordingly.

CS(COMM) 82/2023 Page 3 of 4


Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2023
14:50:45

Neutral Citation Number : 2023/DHC/001649
7. This application stands allowed.


C. HARI SHANKAR, J.
MARCH 3, 2023
dsn
CS(COMM) 82/2023 Page 4 of 4


Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:06.03.2023
14:50:45