A court may allow the withdrawal of a commercial suit with liberty to institute a fresh suit upon settlement of disputes via a global patent license agreement, while also granting a refund of court fees under statutory provisions.

O R D E R

I.A. 91/2026

1. This application is filed on behalf of the Plaintiff under Order XXIII Rule 1 read with Section 151 CPC for withdrawal of the suit as also for a direction to release the confidential/sealed cover documents filed by both the parties to their respective counsels. Direction for refund of court fees is also sought.

2. Issue notice.

3. Mr. Sai Krishna Rajagopal, learned counsel accepts notice on behalf of the Defendants and submits on instructions that Defendants have no objection to this application being allowed in terms of the averments made in the application.

4. Present suit was filed by the Plaintiff inter alia restraining infringement of the suit patents and damages. As stated in the application, parties have entered into a global Patent License Agreement to settle the pending disputes and in consonance with the settlement, Plaintiff seeks to withdraw the suit with liberty to institute a fresh suit for the same subject matter against the Defendants in accordance with law, in the event of termination or expiry of the Patent License Agreement, excluding the period of subsistence of the said Agreement, including the past release in Section 2.1 of the Patent License Agreement. Refund of court fees is sought on the ground that suit has been amicably settled at an early stage.

5. Court has perused the contents of the application and finds no impediment in allowing the same. Accordingly, the application is allowed, permitting the Plaintiff to withdraw the suit with liberty as prayed for in paragraph 3 of the application and limited thereto. Direction is issued for release of the confidential/sealed cover documents filed by the respective parties to their counsels on record, for which purpose matter will be listed before the concerned Joint Registrar on 29.01.2026, on which date parties shall furnish a list of the documents sought to be released.

6. Application stands disposed of.

CS(COMM) 645/2025 & I.As. 15149/2025, 29482/2025

7. Suit is disposed of as withdrawn with liberty as sought for, in accordance with law and restricted to averments in paragraph 3 of the aforementioned application.

8. Plaintiff is held entitled to refund of 50% of the court fee in accordance with Section 16A of Court Fees Act, 1870.

9. Date of 19.02.2026 stands cancelled.

10. Pending applications stand disposed of.