$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1004/2025 GLAXOSMITHKLINE PHARMACEUTICALS LIMITED....Plaintiff Through: Mr. Vardaan Anand and Ms. Ruchika Yadav, Advocates.

versus MENSA FUTURA LIFE SCIENCES PRIVATE LIMITED AND ANR .....Defendants Through: Mr. Anurag Bajaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 02.02.2026 I.A. 2791/2026 (seeking disposal of the Suit)

1. This is a joint application under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 filed on behalf of the parties seeking disposal of the Suit on the basis of a Settlement Agreement arrived at between the parties. Learned counsel for the parties jointly submit that the parties have been able to amicably resolve the disputes and reduced the same into writing which forms part of the application.

2. The terms of the Settlement have been enumerated in para 2 from clause (a) to (j) which are extracted hereunder:

“2. That during the pendency of the proceedings, the Defendants approached the Plaintiff for amicably resolving the disputes between the parties. The parties have accordingly arrived at a mutual consensus to settle the matter as per the following terms:

a. The Parties agree that the Compromise Terms are binding on the Parties' successors, assignees, franchisees, both current and future, legal representatives, servants, agents, and upon any business in which the Parties may be directly or indirectly involved.

b. That Defendant No. 1 acknowledges the Plaintiff's prior rights in the trade mark 'COBADEX' and the Proprietary Red and White Packaging '

’,

’ and Blister Pack ‘

’ , ‘

’.

c. The Defendant No. 1 and its representatives undertake to immediately and permanently cease use of the mark CUBANEX-CZS and packaging

‘ ’, ‘ ’ and blister pack ‘’,‘ ’ or any other mark deceptively similar to the Plaintiff's trade mark 'COBADEX' or distinctive Proprietary

Red and White Packaging and Blister Pack.

d. The Defendants and their representatives further consent to the passing of a decree of permanent injunction in favour of the Plaintiff and against the Defendants as prayed for in paragraph 33 (a) and (b)

of the Plaint.

e. Defendants undertake not to adopt, or use any mark or packaging identical with, or deceptively similar to, the Plaintiff's trade mark 'COBADEX' or distinctive Proprietary Red and White Packaging or Blister Pack, at any time in the future. Further, Defendants will not object to the registrability of or challenge the validity of the Plaintiff's trade mark 'COBADEX' or distinctive Proprietary Red and White Packaging.

f. The Defendant No . 1 submits that it has recalled the recently manufactured products from the market being 400 combipacks of 2 strips each bearing the impugned mark CUBANEX-CZS to destroy the same and provide documentary proof of such destruction to the Plaintiff's counsel within 7 days from the date of order of the Hon'ble Court. The Defendants further undertake not to manufacture any new products under the said mark or red and white packaging or blister pack g. The Defendant No. 1 agrees and undertakes to take all relevant steps to take down all online and offline listings, advertisements, and promotional materials bearing the impugned mark from their website, social media accounts, as well as on third-party platforms including IndiaMart, within 7 days from the date of the order of this Hon'ble Court and provide proof of having done so to the Plaintiffs counsel within the 7 days.

h. That the Defendant No. 2 is the manufacturer of products under the impugned mark and packaging marketed by Defendant No. 1 under the mark 'CUBANEX-CZS'. The Defendant No. 2 agrees and undertakes not to manufacture products under the impugned mark 'CUBANEX-CZS'; marks confusingly similar to "COBADEX"; the impugned red and white packaging or blister strip; or the Proprietary Red and White Packaging in future on behalf of Defendant No.

1 or any other third party i. The Defendants undertake not to commit any breach of the u

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