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C. HARI SHANKAR
Sulphur Mills Limited – Appellant
Versus
Sulphur Crop Care Pvt. Ltd. – Respondent
ORDER (Oral)
I.A. 12170/2023 (under Order XXIII Rule 3 of the CPC)
1. The present suit stands settled between the plaintiff and Defendant 1.
2. The suit is already decreed qua Defendant 2 and Mr. Sanuj Das, learned Counsel for the plaintiff, submits that efforts are underway to attempt settlement of the dispute with Defendant 3 as well.
3. By this application, the plaintiff prays that suit may be decreed qua Defendant 1 in terms of settlement executed with it.
4. The terms of settlement, as set out in para 3 of the application, read thus:
"i. The term "PRODUCT" shall mean Sulphur 90% WDG Product manufactured and sold by Defendant No. 1 in bulk;
ii. The Defendant No. 1 consents and confirms the proprietary right vested with the Plaintiff over the Plaintiffs patented agricultural composition which is the subject matter of Indian Patent No. 282429 and herein agree and accept the rights of the Plaintiff in the suit Patent and acknowledge the validity thereof;
iii. The Defendant No. 1 undertakes that it will not directly or indirectly challenge or assist any third party to challenge the validity of Indian Patent No. 282429 during its term;
iv. The Defendant No. 1 either by themselves or
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.
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 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 acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
The court's decision was influenced by the settlement agreement, which was found to be lawful and binding upon the parties, leading to the decree in favor of Defendant 1.
The court upheld the legality and binding nature of the settlement agreement in resolving the dispute between the parties.
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