IN THE HIGH COURT OF DELHI AT NEW DELHI
PHONOGRAPHIC PERFORMANCE LIMITED VS. PASS CODE HOSPITALITY PRIVATE LIMITED & ORS.
CS(COMM) 321/2024
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 321/2024 GLAXO GROUP LIMITED AND ANR. .....Plaintiffs Through: Mr. Urfee Roomi, Ms. Janaki Arun and Mr. Ayush Dixit, Advocates.
versus INDKUS BIOTECH INDIA AND ORS .....Defendants Through: Mr. S. Nithin, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 04.02.2026 CS(COMM) 321/2024 & I.A. 8823/2024
1. This suit is instituted by the Plaintiffs seeking decree of permanent injunction restraining the Defendants and all others acting on their behalf from manufacturing, offering for sale, selling, advertising or dealing in any manner whatsoever on any platform with medicinal and pharmaceutical preparations bearing impugned marks BETASOL, TEEBACT and CEFTOL marks and packaging and/or any mark and/or packaging which is identical/deceptively similar to Plaintiffs’ BETNESOL, T-BAC and CEFTUM marks and , and packaging, amounting to infringement trade mark and copyright and/or passing-off. Plaintiffs have also claimed damages, rendition of accounts, delivery up, etc.
2. By an ex-parte ad interim order dated 23.04.2024, Court restrained the Defendants from manufacturing, offering for sale, selling, advertising, marketing etc. the impugned products under the impugned marks and interim injunction has continued.
3. During the pendency of the suit, parties have amicably settled their disputes. It is agreed that Defendants will not manufacture, sell, advertise, market and/or offer for sale the impugned goods under the impugned marks and are willing to suffer injunction. It is further agreed that Defendants shall pay to the Plaintiffs a sum of Rs. 5 lakhs within four weeks from today, in full and final settlement of all claims of the Plaintiffs.
4. In light of this settlement, learned counsel for Plaintiffs submits that the suit be decreed in terms of the settlement read with prayers (a), (b), (c) and (d) of paragraph 66 of the plaint. It is further submitted that the money be remitted to the following account:-
Account Name : Sujata Chaudhri IP Attorneys Bank Account No.: 914020022909462 IFSC Code : UTIB0001149 MICR No. : 110211090
5. Accordingly, the suit is decreed in terms of the settlement and prayers (a), (b), (c) and (d) of paragraph 66 of the plaint. Needless to state, parties shall remain bound by the terms of the settlement. The amount of Rs. 5 lakhs shall be remitted by the Defendants in the aforementioned bank account.
6. Local Commissioner appointed by the Court had seized impugned products under the impugned trademarks/packaging from the premises of the Defendants and as per directions in the Court order had handed over the same on superdari to Plaintiffs’ authorized representative. Local Commissioner’s report fortifies that seized goods were handed over accordingly. Plaintiffs shall take steps to destroy the goods in the presence of counsel/representative of the Defendants on 18.02.2026 at 02.30 pm.
7. Registry is directed to draw up the decree sheet.
8. Suit stands disposed of along with pending application.
JYOTI SINGH, J FEBRUARY 4, 2026/
RW
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