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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 613/2025 & I.A. 14678/2025

CELAGENEX RESEARCH INDIA PVT LTD .....Plaintiff

Through: Ms. Anju Agrawal, Ms. Manisha

Singh, Mr. Abhai Pandey, Ms. Swati

Mittal and Ms. Shivani Singh,

Advocates.

versus

PHARMAK & ANR. .....Defendants

Through: Mr. Deepanjan Dutta, Advocate.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 22.12.2025

I.A. 32187/2025

1. This is a joint Application on behalf of the Plaintiff and the Defendant

under Order XXIII Rule 3 read with Section 151 of the Code of Civil

Procedure, 1908.

2. The Parties have submitted that during the pendency of the present

Suit, the Plaintiff and the Defendant have agreed to amicably resolve and

settle the dispute on the Settlement Terms as under:

“a. The Defendants undertake, recognize and acknowledge the

Plaintiff's exclusive proprietary and statutory rights in the Plaintiff's

registered patent numbers 398902, 401186, 415765, 550245,

540383, 411171 and 372208 (hereinafter referred to as the ‘subject

patents’). The Defendants acknowledge the validity of the subject

Patents and undertake not to challenge the validity of the subject

Patents during the subsistence of the term of the subject patents.

CS(COMM)613/2025 Page1of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 09:41:12

b. The Defendants also undertake not to market, promote,

advertise, manufacture, use, purchase, sell, offer for sale, supply,

export from India or in any manner deal in either through itself or

through any entity that may be doing business in and from India,

any product containing an identical composition, which is the

subject matter of protection in the patent numbers 398902, 401186,

415765, 550245, 540383, 411171 and 372208, until expiration of

the subject patents.

c. The Defendants further confirm and undertake that they have

already discontinued the products NURIPALM, PALMINEW,

PALMEIN-PLUS, OVACURE and CHOLIFOL (hereinafter referred

to as 'infringing products') and further undertake that they have no

stock of the infringing products or any other product with identical

composition, which is the subject matter of protection in the patent

numbers 398902, 401186, 415765, 550245, 540383, 411171 and

372208, currently in their inventory.

d. In consideration of the abovementioned undertakings and

acknowledgements given by Defendants, the Plaintiffs have agreed

to forego their claim for · rendition of accounts, damages, delivery

up, and costs under paragraph 65 (b )-( d) of the Plaint. The Parties

agree that the present suit may be decreed by way of a decree of

permanent injunction, in line with the mutually agreed upon terms

herein.

e. The Defendants agree that the undertakings given m

aforesaid regards shall be binding on all the legal heirs,

representatives of the Defendants. Any breach of the above

undertakings shall automatically entitle the Plaintiff to claim

damages as prayed for in the suit.

f. The Defendant has no objection if the entire court fee is

refunded to the Plaintiff.”

3. In view of the above, the Parties have requested that the Suit may be

decreed in terms of the aforesaid Settlement Terms agreed between them.

4. The Parties are directed to be bound by the above-quoted Settlement

Terms.

5. The Application stands disposed of.

CS(COMM)613/2025 Page2of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 09:41:12

CS(COMM) 613/2025

6. In view of the above Order passed in I.A. 32187/2025, the present

Suit is decreed in the aforesaid Settlement Terms. Let the Decree Sheet be

drawn up accordingly.

7. The Suit and the pending Application(s), if any, stand disposed of.

8. The learned Counsel for the Plaintiff prays for refund of the Court

Fees on the ground that