IN THE HIGH COURT OF DELHI AT NEW DELHI
MADHAV KRG LIMITED VS. SATINDER KAUR AND ORS
CS(COMM) 156/2021
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 156/2021 NOVARTIS AG & ANR. .....Plaintiffs Through:
versus WINDLAS BIOTECH PVT LTD & ANR. .....Defendants Through: Mr. Tahir A.J. Advocate.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 05.02.2026 I.A. 3224/2026
1. This is a joint application filed on behalf of the plaintiffs and the defendant no.1 under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for recording the settlement between the parties.
2. Learned counsel appearing for the parties jointly submit that the plaintiffs and the defendant no.1 have been able to resolve their disputes and reduced the terms of settlement into writing, which are enumerated in para 3 of the application.
3. The terms of settlement as enumerate in para 3 are extracted hereunder including para 4, 5 and 6 “3. On account of the suit patent IN'061 having expired, the Parties hereby agree as follows:
a. The Plaintiffs hereby undertake to forego their claims of injunction, damages, rendition for accounts of profits, delivery up, etc. and any other claims made in prayer paragraph no.42 (a) to (f) of the Plaint;
b. The Defendant hereby undertakes to forego its claims made in prayer paragraph no.74 i) to v) of the written statement and agrees not to press any claim, demand, allegation arising in connection with the present suit;
c. No Party shall be entitled to any claim or damages in connection with the present proceedings;
d. In view of the aforesaid, all claims pertaining to the present suit bearing no. CS(COMM) 15612021, arising out of the manufacture, import, marketing, use, sale, supply or other exploitation of Valsartan and Sacubitril products (subject matter of the suit patent IN'051) by the Defendants, stands fully and finally settled between the Parties.
4. In view of the above, the present suit may be decreed in terms of clauses 2(a) to 2(d) of the present settlement application and the same shall be made part of the decree sheet.
5. By signing the present application, the Parties hereto agree that they have no further claims and/or damages against each other in relation to the present suit.
6. The present application has been executed by the Constituted Attorney/Authorized Signatory of the Plaintiffs and the Constituted Attorney/Authorized Signatory of the Defendants and the terms thereof shall be binding henceforth upon the Parties, their representatives, group companies, affiliates, associates, successors in interest and title, assigns in business and anyone acting for and on their behalf.”
4. This Court has perused the terms of settlement and finds them within the parameters of Order XXIII Rule 23, Code of Civil Procedure, 1908. There does not seem to be any impediment in case the suit is decreed qua defendant no.1 in terms whereof.
5. The terms of settlement shall remain binding on both the parties. Parties also submit that there are no compliances remaining.
6. The terms of settlement shall form part of the decree. The suit is decreed in accordance with the settlement terms enumerated hereinabove.
7. Let a decree sheet be drawn up qua the defendant no.1 in terms of Clauses 2A to 2D.
8. The application stands disposed of.
9. The suit is decreed and disposed of with all pending applications, if any. Learned counsel for the parties submit that so far as defendant no.2 is concerned, the suit bearing no. CS(COMM) 557/2020 titled as ‘Novartis AG & Anr. vs. Eris Lifesciences Limited’ is listed before the Coordinate Bench today, and is likely to be decreed in the similar terms.
10. The next date of hearing before the Joint Registrar i.e. 16.02.2026 stands cancelled.
TUSHAR RAO GEDELA, J FEBRUARY 5, 2026 yrj
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