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C. HARI SHANKAR
Gsp Crop Science Pvt. Ltd. – Appellant
Versus
Br Agrotech Limited – Respondent
JUDGMENT (Oral)
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;
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:
| Sale Volume (KL) | |||
| Customer | Brand Name | 2021-22 | 2022-23 |
| ATUL LIMITED | CROLIS | ||
The main legal point established in the judgment is the court's authority to decree a suit based on a settlement agreement under Order XXIII Rule 3 of the Code of Civil Procedure.
Settlement terms enforceable under CP Code, where defendant acknowledges patent validity and agrees to refrain from infringing activities.
The court upheld the proprietary right of the plaintiff over the patented agricultural composition and prohibited Defendant 1 from infringing the plaintiff's patent.
The court upheld the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC, leading to the decree of the suit in the terms of settlement.
A patentee holds exclusive rights against third parties under Section 48 of the Indian Patent Act, allowing for permanent injunction against infringers based on unequivocal admissions of patent infri....
The main legal point established in the judgment is the court's recognition and enforcement of a settlement agreement under Order XXIII Rule 3 of the CPC.
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
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