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C. HARI SHANKAR
Wings Pharmaceuticals Pvt. Ltd. – Appellant
Versus
Genford Drugs Pvt. Ltd. – Respondent
JUDGMENT (Oral)
C.Hari Shankar, J.
I.A. 6435/2023 (Order XXIII Rule 3 of the CPC)
1. The dispute between the parties stands amicably resolved. The present application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been jointly filed by the parties. The terms of settlement read thus:
"i. The Defendants No. 1 and 3 above named hereby recognizes the Plaintiff is registered proprietor of the trade mark/copyright ORASORE blue and white Carton Packaging/Trade Dress, MOUTH + FIRST AID (Hindi and English) thereby having exclusive right to the use of the said trade marks, the details of which are given in the table below:
TRADE MARK REGISTRATIONS
| S. No. | Trade Mark | No. & Date | Class/goods |
| 1. | ORASORE | 787554 Dt.14/01/1998 | Pharmaceuticals and medical preparations in class 5 |
| 2. | ORASORE MOUTH + FIRST AID in class 5 (Word) | 3506438 Dt. 04/03/2017 | Pharmaceuticals and medical preparations in Class 5 |
| 3. | [IMG] | 3506440 Dt. 04/03/2017 | Dentifrices in class 3 |
| 4. | [IMG] | 3506442 dt. 04/03/2017 | Dentifrices in class 3 |
ii. The Defendants No. 1 and 3 undertake to refrain themselves, their Directors, their assigns in business, licensees, franchisee, distributors, dealers, stockiest, retailers, chemists,
The court upheld the settlement reached under Order XXIII Rule 3 of the CPC, recognizing the plaintiff's rights and binding the parties to the agreed terms.
The court's approval of the settlement agreement and the subsequent decree based on the terms of the agreement.
Mutual agreement between parties led to the cessation of trademark infringement and settlement terms binding on all parties involved.
Settlement agreements under Order XXIII Rule 3 CPC can lead to the decreeing of a suit in accordance with the terms of the settlement, effectively resolving the disputes between the parties.
The court applied Order XXIII Rule 3 of the CPC to decree the suit in terms of the settlement reached between the parties.
The court upheld the settlement agreement as lawful and binding, leading to the decree of the suit in terms of the settlement.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
The court can decree a suit in terms of a settlement agreed upon by the parties under Order XXIII Rule 3 of the CPC.
Settlement agreements can be used to resolve disputes without delving into the merits of the case, and the court may decree the suit in terms of the settlement agreement.
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