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2022 Supreme(Del) 45

SURESH KUMAR KAIT
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Olcare Laboratories Pvt Ltd. – Respondent


Advocates Appeared:
For the Plaintiff : Mr. Sachin Gupta, Ms. Jasleen Kaur and Ms. Swati Meena.
For the Defendant : Mr. Amar Dave, Mr. Prakash Gogia, Ms. Jaikriti S. Jadeja and Ms. Prapti Allagh.

JUDGMENT :

I.A. 2939/2022 (u/O. XXIII Rule 3 r/w S. 151 CPC)

1. The present application has been jointly filed by plaintiff and defendant praying for issuance of decree in terms of prayer clause 28 (a), (b) & (c) of the present suit and for refund of entire Court fees.

2. In the present suit filed by the plaintiff seeking permanent injunction restraining infringement of copyright, trade mark, passing off, unfair competition, delivery up, damages and/or rending of accounts of profits, etc. against the defendant, parties have arrived at an amicable settlement out of court in terms enumerated in Paragraph 2 of the present application.

3. Learned counsel for the plaintiff submits that in terms of settlement, the present suit be decreed against defendant.

4. Upon hearing learned counsel for the parties and upon perusal of the application and in specific contents of Para-2 thereof, this Court finds that the settlement reached between the parties is valid and lawful.

5. Accordingly, the present application filed by the plaintiff and defendant is allowed.

6. Needless to say, parties shall be bound by the terms of settlement reached between them.

7. The application stands disposed of accordingly.

CS

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