$~1 (Original Side)

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1031/2024, I.A.45568/2024, I.A.7295/2025, I.A.20884/2025 CIPLA HEALTH LIMITED .....Plaintiff Through: Ms. Archana Sahadeva and Mr.

Harshit Bhoi, Advs.

versus ARISTO PHARMACEUTICALS PVT. LTD. & ANR.

.....Defendants Through: Mr. Sagar Chandra, Mr. Srijan Uppal, Mr. Abhishek Bhati and Mr.

Subhadeep Das, Advs. for D-1.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 16.02.2026 I.A. 4316/2026 (Order XXIII Rule 3 of the CPC

1. This is a joint application under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908 (CPC) filed on behalf of the plaintiff and the defendants seeking a consent decree based on the terms of settlement as mentioned in para 2 of the present application, which is reproduced as under:-

“2. It is submitted that after multiple discussions and deliberations, in order to amicably resolve the dispute between the Parties, without admission of liability or guilt, and without going into the merits of the case; the Parties (the Plaintiff and the Defendants) have decided to settle their disputes and the terms of Settlement are as under:

a. Defendant No. 1 agrees and undertakes that it shall discontinue the use of the Trade Mark 'OLYTE/ ARISTOOLYTE' in Classes 5 and 32, in respect of goods being "Ready to serve/drink Energy Drinks"/ "Medicinal and Pharmaceutical Preparations"/ "Beers" I "Mineral and Aerated Waters and other Non-Alcoholic Drinks" I "Fruit Drinks and Fruit Juices"/ "Syrups and Other Preparations for Making Beverages" in perpetuity.

b. Defendant No. 1 agrees and undertakes to apply for cancellation/removal of the following Trade Mark registrations obtained by it, within a period of one month from the date of signing the present application:

Sr. No.	Application No.	Mark	Class
1.	3221907	O-LYTE	32
2.	3485419	ARISTO OLYTE	32
3.	3568688	ARISTO OLYTE ORS	5

c. It is submitted that Defendant No. 2 manufactured goods bearing the Trade Mark 'OLYTE/ ARISTO OLYTE' on behalf of Defendant No. 1. In view of Defendant No. 1 discontinuing these use of the Trade Mark 'OL YTE/ ARISTO OLYTE', Defendant No. 2 agrees and undertakes that it has discontinued the manufacturing of products of Defendant No. 1 being "Ready to serve/drink Energy Drinks"/ "Medicinal and Pharmaceutical Preparations"/ "Beers" I "Mineral and Aerated Waters and other Non- Alcoholic Drinks" I "Fruit Drinks and Fruit Juices"/ "Syrups and Other Preparations for Making Beverages"

which bear the Trade Mark OLYTE/ ARISTOOLYTE'.

d. It is submitted that as on 27" October, 2025, Defendant No. 1 held a stock of 2,50,000 units of products under the Trade Mark OLYTE/ ARISTO OL YTE'. Details of the last manufactured batch by Defendant No. 2 on behalf of Defendant No.1 are as under:

Batch No. A005064 Manufacturing Date June, 2025 Expiry Date November, 2026 It is mutually agreed between the Plaintiff and Defendant No. 1 that the aforementioned stock would be exhausted on or before April 30, 2026. Further, it is also agreed and understood between the Plaintiff and the Defendants that no new batches would be manufactured by and/or on behalf of Defendant No. 1 during this period, under the Trade Mark ‘OLYTE/ ARISTO OLYTE’.

e. Defendant No. 2 agrees and undertakes that it does not have any finished goods under the Trade Mark OLYTE/ ARISTO OLYTE' in its power, possession or custody. Defendant No. 2 further undertakes that it has in its possession, only 2270 Nos. of empty Cartons bearing the Trade Mark ·OLYTE/ ARISTO OLYTE'. Defendant No. 2 agrees and undertakes to destroy the aforementioned 2270 empty Cartons bearing the Trade Mark ‘OLYTE/ ARISTO OLYTE’ within 15 days of signing the present Joint Settlement Application.

f. Defendant No. 1 is already a Registered Proprietor of the Trade Mark "ARISTOLYTE" in Class 5 under Application No. 3221905 for goods being "Medicinal and Pharmaceutical Preparation" and in Class 32 under Application No. 3221909 for goods being "Beers; Mineral and Aerated Water

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