$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 983/2025 MICRO LABS LIMITED .....Plaintiff Through: Mr. Hemant Daswani, Ms. Saumya Bajpai and Ms. Pranjal, Advocates.

versus PHARMA ROOTS HEALTHCARE & ANR. .....Defendants Through: Mr. Siddharth Praveen Acharya, Mr.

Lakshay Sharma and Mr. Princess Singh, Advocates.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 09.02.2026 I.A. 3504/2026 ( u/O XXIII Rule 3 of CPC)

1. This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 filed jointly on behalf of the plaintiff and defendant nos.1 & 2.

2. Learned counsel for the parties submit that the parties have been able to amicably resolve their disputes and have reduced the terms of settlement into writing, which are incorporated in para 5 of the present application.

3. This Court has perused the terms of settlement and finds them lawful. It appears that the terms of settlement clearly fall within the ambit of Order XXIII Rule 3 CPC, 1908. There is no impediment in case this Court decrees the suit in terms of the settlement arrived at and enumerated in para 5 (a) to (o). The same are extracted hereunder:

“a) Defendant Nos. 1 & 2 acknowledge and recognize that the Plaintiff is the registered proprietor of, inter alia, the trade marks ESOFAG and ESOFAG HCP, under numbers 1203323 and 5143569 in respect of pharmaceutical and medicinal preparations.

b) Defendant Nos. 1 & 2 acknowledge and recognize the common law rights of the Plaintiff in the trade mark ESOFAG and ESOFAG HCP. Furthermore, Defendant Nos. 1 & 2 acknowledge that the Plaintiff has been using the trade marks prior to that of the Defendants and that the Plaintiff has thus acquired common law rights in them by virtue of their long, extensive, continuous, and prior use.

c) Defendant No. 2 undertakes that it has duly filed for withdrawaJ of trade mark application numbers 6687272, 6687318, 6687319 and 6687320 for the marks ESOV AG, ESOVAG DSR, ESOV AG IT and ESOV AG LSR and print outs of the file wrapper as downloaded from the official website of the Trade Marks Registry reflecting the current status as withdrawn are filed with the list of documents as Document A and agree and undertake not to challenge the ownership of, oppose or file rectification for the trademark ESOFAG or any of its extensions.

d) Defendant No. 1 and Defendant No. 2, agree and undertake that they shall either by themselves or through their directors, partners, proprietors, officers, dealers, distributors, stockiest, agents, associates, employees, servants, and/or assigns and all others acting on their behalf henceforth perpetually refrain from importing, exporting, manufacturing, selling, offering for sale, advertising, marketing, directly or indirectly dealing in medicinal and pharmaceutical preparations under the marks ESOV AG, ESOV AG DSR, ESOV AG IT and ESOV AG LSR or any other trade mark deceptively similar to the Plaintiff's registered trade mark ESOFAG and ESOFAG HCP.

e) Subject to the directions of this Hon'ble Court, Defendant Nos. l and 2 are however permitted to sell their stock of finished goods bearing the trademarks ESOVAG, ESOV AG DSR ESOV AG IT and ESOV AG LSR namely medicinal and pharmaceutical preparations seized by the local commissioners during the execution of commission on September 29, 2025 including the stock of goods with the batch numbers are filed with the list of documents which as mentioned in Document B (which includes the relevant batch numbers, box numbers and sale values) within a period of 6 weeks from signing the present settlement agreement, so long as the said finished goods are manufactured prior to September 29, 2025.

f) Defendant Nos. 1 and 2 shall duly destroy all packaging material, labels, cartons, brochures/leaflets, blocks, moulds and other packaging material and unfinished goods bearing the marks ESOV AG, ESOV AG DSR ESOV AG IT and ESOV AG LSR which are lying in their possession as of date, in the presence of a Pla