$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1011/2025 J. B. CHEMICALS AND PHARMACEUTICALS LIMITED .....Plaintiff Through: Mr. Prithvi Singh, Advocate.

versus MENSA FUTURA LIFE SCIENCES PVT. LTD. AND ANR.

.....Defendants Through: Mr. Anurag Bajaj, Advocate.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 23.02.2026 I.A. 4848/2026 (Under Order XXIII Rule 3 CPC)

1. This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, (‘CPC’) jointly filed on behalf of the plaintiff and also the defendants.

2. Learned counsel for the parties jointly submit that inter se disputes between the parties was amicably resolved out of Court and the settlement terms have been reduced into writing and recorded in the present application from para nos. 5(a) to 5(h).

3. For convenience, para nos. 5(a) to 5(h) are reproduced hereunder:-

“5. That . the Plaintiff and the Defendants; with a view to amicably resolving all their disputes and bringing the present litigation to an end, have mutually agreed to settle the matter on the following terms:

a) The Defendants acknowledge that the Plaintiff is the owner and registered proprietor of the trademark ZECUF, under the Trade Marks Act, 1999, as well as under common law.

b) The Defendants, including its directors, employees, distributors, marketers, agents, and all others acting on its behalf, acknowledge and undertake that they shall not manufacture, market, offer for sale, advertise, or in any manner, directly or indirectly, deal in any products, whether online or offline, under the mark ZIKUFF or any other trademark identical with or deceptively/confusingly similar to the Plaintiff's registered trademark ZECUF, and/or the act of passing off.

c) Defendant No.1 undertakes to withdraw the trademark application filed before the Trade Marks Registry, Ahmedabad.

The details of the said trademark application are below:

A copy of the letter of withdrawal ( as filed) 1s attached as Document –A.

d) The Defendants undertake that they have not filed any other application for the registration of the mark/s ZIKUFF or any other marks that are deceptively similar to the Plaintiff's trademark ZECUF. Defendants also undertake that they shall not, now or in the future, file any trademark application for the registration of ZIKUFF or any other mark identical and/or deceptively similar to ZECUF or any other similar mark whether in the form of a word, label or other composite mark in respect of any goods or services whatsoever.

e) The Defendants undertake to remove/hide/conceal all the references from infringing advertising and promotional material, including visiting cards, labels, stationery, notepads, banners, signages, pamphlets, brochures, containers, cartons, product packs, and all other business papers, printed material, visual aid and any other materials bearing the mark ZIKUFF, or any variant thereof that is deceptively similar to the Plaintiff's trademark ZECUF.

In the event the Defendants are unable to remove the infringing mark from any such material, they undertake to have the same destroyed at their own cost, under their supervision, and to furnish proof of such destruction to the Plaintiff/Plaintiff's counsel within a period of two (2) weeks from the date of recordal of the settlement.

f) The Defendants also undertake to re-label, at their own cost and supervision, all products seized during the local commission carried out on 29th September 2025. The Defendants further undertake that their manufacturer( s) shall not manufacture any cough syrup or pharmaceutical preparations under the infringing mark ZIKUFF, and/or any variant thereof that is deceptively similar to the Plaintiff's trademark ZECUF.

The details of the seized products are set out below:

In the event the Defendants are unable to remove the infringing mark from the seized bottles, they undertake to have the same destroyed at their own cost, under their supervision. The Defendants undertake to provide