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2023 Supreme(Del) 1236

C. HARI SHANKAR
Reddys Laboratories Limited – Appellant
Versus
Rikon Pharmaceuticals Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Ranjan Narula and Mr. Shashi Pratap Ojha, Advocates, for the Plaintiff.
Ms. Shalya Agarwal, Advocate, for the Defendant.

JUDGMENT (Oral)

I.A. 11373/2022 (under Order XXXIX Rules 1 and 2 of the CPC)

1. The dispute between the parties stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre. The settlement agreement dated 13th February 2023 has been placed on record. The terms of settlement read thus:

    "1. That Second Party hereby recognizes and acknowledges the First Party's exclusive proprietary rights in the trademark NISE and not to challenge First Party s statutory and proprietary rights directly or indirectly at any time in future in India and globally.

    2. The Second Party their directors, confirm and undertake that as per the directions passed by the Hon'ble High Court of Delhi vide order dated 22/07/2022 in CS (COMM) No. 495 of 2022, the Second Party has stopped manufacturing and using the mark `RIKONISE-P' or 'NISE-P', directly or indirectly in medicinal and pharmaceutical preparations of suspension syrups for domestic sale in India and or for export. The Second Party confirms that the last batch of `RIKONISE-P' products manufactured by them were as per details below:

S.No.Manufacturing dateBatch No.Month of Expiry
1.December 2021RL-02511/23

    3. That in the integr

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