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C. HARI SHANKAR
Novartis Ag – Appellant
Versus
Reddy`s Laboratories Ltd. – Respondent
ORDER (Oral)
CS(COMM) 627/2019 & I.A. 12277/2023 (under Order XXIII Rule 3 of the CPC)
1. The dispute between the parties in this case stand settled and a joint application has been filed by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) for decreeing of the suit in terms of the settlement.
2. Para 3 and 4 of the settlement read thus:
"3. The reliefs claimed in the present suit as well as in the counter claim have become infructuous inasmuch as, during the pendency of the suit and the counter claim, the term of the suit patent IN'051 has expired on 16.01.2023. In view thereof, the Parties have agreed to settle their disputes and their related actions, and resolve all the pending issues before this Hon'ble Court, regarding the suit patent IN'051 by releasing and discharging each other from any and all claims, demands, costs/damages, cause of action in relation to the present suit and counter claim.
4. The Plaintiffs hereby agree to forego their claims made in prayer paragraph nos. 35 (a) to (f) of the Plaint and the Defendant agrees to forego its claims made in prayer paragraph nos. 64 (a) to (d) of the counter claim, subject to a decree being passed
Enforcement of settlement terms under Order XXIII Rule 3 of CPC and decreeing of the suit in terms of the settlement
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
Parties may settle disputes leading to a decree under Order XXIII, Rule 3 of the CPC, provided the terms are clear and binding.
The court upheld a consent decree based on a lawful settlement between parties regarding trademark and copyright rights, allowing for a refund of court fees.
Settlement terms agreed upon by parties can resolve litigation, requiring court endorsement and issuing of decrees consistent with those terms.
Parties reaching an amicable settlement qualify for court fee refunds, and private negotiations are acknowledged as valid dispute resolution methods under relevant statutes.
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