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C. HARI SHANKAR
Sun Pharma Laboratories Ltd. – Appellant
Versus
Windlas Biotech Ltd – Respondent
ORDER (Oral)
I.A. 10812/2023 in CS(COMM) 302/2022
1. The disputes between the parties stand settled and the present application has been jointly filed by them under Order XXIII Rule 3 of the CPC praying that the suit be decreed in terms of the said settlement. The terms of the settlement read thus:
"i. The Defendants state that there are no existing stocks of finished products under the impugned mark PANTRACID and its extensions thereof available with them;
ii. The Defendants state that they have destroyed all the stationary, packaging, promotional and publicity material and labels under the impugned mark being PANTRACID and its extensions thereof;
iii. The Defendants confirm that apart from the batches of the impugned product under the mark PANTRACID and its extensions thereof, no other batches have been manufactured or sold by the Defendants. The Defendants confirm that below are the batches which have not yet expired and are currently in the market under the impugned mark. The said batch details are as follows:
| Impugned Product/forms | Batch No. |
| PANTRACID GEL | WPG21001 |
| PANTRACID GEL | WPG21002 |
| PANTRACID GEL | WPG22001 |
| PANTRACID MPS SUSPENSION | TBHU1553 |
| PANTRACID MPS SUSPENSION | TBHU1554 |
| PANTRACID MPS SU | |
The court can decree a suit in terms of a settlement agreed upon by the parties under Order XXIII Rule 3 of the CPC.
The court emphasized the importance of private settlement negotiations, allowing parties who reach such agreements to benefit from court fee refunds under Section 89 CPC.
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 upheld the settlement agreement and decreed the suit in accordance with the terms of settlement, thereby recognizing the proprietary rights of the plaintiff's trademarks and trade dress.
The court upheld the settlement agreement as lawful and binding, leading to the decree of the suit in terms of the settlement.
Settlement of disputes and acknowledgment of terms of settlement by the parties can lead to the court decreeing the suit in favor of the settling party.
Settlement agreements under Order XXIII Rule 3 of the CPC can lead to the decree of suits and resolution of disputes, binding the parties to the terms of the agreement.
The court applied Order XXIII Rule 3 of the CPC to decree the suit in terms of the settlement reached between the parties.
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