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DELHI HIGH COURT
C.HARI SHANKAR
Sun Pharma Laboratories Ltd. – Appellant
Versus
Lifesurge Biosciences Private Ltd. – Respondent
| Table of Content |
|---|
| 1. settlement terms and trademark recognition (Para 1 , 2) |
| 2. counsel's undertakings and implications for case (Para 3 , 4) |
| 3. decree issued as per settlement (Para 5 , 6) |
| 4. refund of court fee entitlement (Para 7) |
JUDGMENT
C.Hari Shankar, J. (ORAL)
1. The dispute between these parties stand settled. A joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been filed in the Registry. It has not been listed. However, the learned Counsel for the plaintiff has provided a copy across the Bar which is taken on record. The Registry is directed to register the application under appropriate number.
2. The terms of settlement, as contained in the application, read thus:
"i. The Defendants above named hereby recognizes the Plaintiff to be the proprietor of the trade mark NORMOZ & SUN, thereby having exclusive right to the use of the said trademarks;
ii. The Defendants undertake to refrain themselves, their Directors, their assigns in business, licensees, franchisee, distributors, dealers, stockiest, retailers, chemists, from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal & pharmaceutical
Mutual agreement between parties led to the cessation of trademark infringement and settlement terms binding on all parties involved.
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 as lawful and binding, leading to the decree of the suit in terms of the settlement.
The court applied Order XXIII Rule 3 of the CPC to decree the suit in terms of the settlement reached between the parties.
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 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 court affirmed that parties may resolve trademark disputes through settlement, provided the terms are adhered to and recognized by the court.
The court's approval of the settlement agreement and the subsequent decree based on the terms of the agreement.
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
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