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C. HARI SHANKAR
Dabur India Limited – Appellant
Versus
Vibcare Pharma Pvt. Ltd. – Respondent
JUDGMENT (Oral)
C. Hari Shankar, J.
CS(COMM) 94/2023 and I.A. 3415/2023 (Order XXXIX Rules 1 and 2 of the CPC)
1. The disputes between the parties stand settled. Settlement Agreement dated 7 July 2023, drawn up under the aegis of the Delhi High Court Mediation and Conciliation Centre has been placed on record. The terms of settlement contained therein read thus:
"A. That the Plaintiff has claimed itself to the owner of various trade mark registrations in respect of the trademark HONITUS (word) as well as the HONITUS Cough Remedy label/carton/packaging [IMG] and/or [IMG] (as reproduced in paragraph no. 12 of the Plaint). The Plaintiff have further claimed themselves to be owner of the aforementioned trademarks as well as the copyright subsisting therein by virtue of prior adoption and use under the common law. The Defendants herein do not dispute the validity of the registrations acquired by the Plaintiff and undertake that they shall not challenge the same on any ground whatsoever.
B. The Defendants hereby voluntarily undertake before this Hon'ble Court that they shall forthwith refrain from inter alia manufacturing or authorizing the manufacture, selling, offering for sale, marketi
The court's approval of the settlement agreement and the subsequent decree based on the terms of the agreement.
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.
Settlement agreements reached through mediation can be decreed by the court, and parties are bound by the terms of the agreement, with defaulting parties being held liable for contempt of court.
The acknowledgment of proprietary rights in the trademark and copyright, and the lawful disposal of seized goods in accordance with environmental regulations.
Enforcement of Settlement Agreement
The main legal point established in the judgment is the binding nature of a settlement agreement reached between parties, which can lead to the court decreeing the suit in terms of the settlement and....
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.
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 central legal point established in the judgment is the lawfulness of the Settlement Agreement and the parties' undertaking to remain bound by its terms.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
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