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DELHI HIGH COURT
C.HARI SHANKAR
BASF SE – Appellant
Versus
Ravi Crop Science Limited – Respondent
| Table of Content |
|---|
| 1. settlement terms between parties established. (Para 1 , 2 , 3) |
| 2. suit decreed as per settlement. (Para 4) |
| 3. court fee refund and decree proceedings. (Para 5 , 6 , 7 , 8) |
(Video-Conferencing)
I.A. 10987/2021 in CS(COMM) 230/2021
1. The disputes between the parties stand amicably resolved, and IA 10987/2021 has been moved under Order XXIII Rule 3 of the Code of Civil Procedure, 1908(CPC) for decreeing the suit in accordance with the settlement.
2. The terms of settlement, as contained in paras 4 and 6 of the application, may be reproduced thus:
"4. That during the pendency of these proceedings, the Plaintiff and Defendant No.1, Ravi Crop Science Limited, Defendant No.2, Best Agrolife Limited and Defendant No.3 Best Crop Science LLP have arrived an amicable settlement in the following terms and conditions:
i) The Defendants undertake that it would not infringe the Plaintiffs Indian Patent No. 271338 till the expiry of the patent;
ii) The Defendants acknowledge the validity of the Plaintiff's patent No. 271338 and further undertake that they will not challenge the validity of the said patent;
iii) The Defendants undertake that they have not manufactur
The acknowledgment of patent validity and early settlement entitles the plaintiff to a full refund of court fees under CPC Order XXIII Rule 3.
Settlement terms enforceable under CP Code, where defendant acknowledges patent validity and agrees to refrain from infringing activities.
Enforcement of settlement terms under Order XXIII Rule 3 of CPC and decreeing of the suit in terms of the settlement
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 authority to decree a suit based on a settlement agreement under Order XXIII Rule 3 of the Code of Civil Procedure.
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.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
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