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2025 Supreme(Online)(Guj) 8576
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MRS. JUSTICE SUNITA AGARWAL, CJ, MS. JUSTICE NISHA M. THAKORE, J
GALATEA LTD & ANR. – Appellant
Versus
DIYORA AND BHANDERI CORPORATION & ORS. – Respondent
FIRST APPEAL NO. 3014 of 2024 | CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 | R/CROSS OBJECTION NO. 267 of 2024
For the Appellants/Petitioners: MR SANDEEP GROVER, ADV. WITH HEMAL SHAH
For the Respondents: MR MANAN A SHAH, NIDHI MANAN SHAH
The court emphasized the verification of settlement agreements and the confidentiality of terms involved.
Headnote:This appeal arises out of the judgment and decree dated 05.04.2024 in Civil Suit No. 2 of 2017 under the Patents Act, 1970 concerning Patent No. 271425. The parties submitted a joint affidavit seeking to file a confidential settlement agreement in a sealed cover. The court has directed for verification of the signatories to the settlement agreement to be conducted by the Registrar General, with a provision for virtual verification for signatories based abroad. The matter is to be taken up again for further proceedings on 18.09.2025.
| Table of Content |
|---|
| 1. court addresses patent infringement case. (Para 1) |
| 2. parties jointly request sealed settlement. (Para 2 , 3) |
| 3. court outlines verification procedure for settlement. (Para 4 , 5 , 6) |
| 4. next proceedings scheduled for specified date. (Para 7) |
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
This appeal is arising out of the judgment and decree dated
05.04.2024 passed by the learned single Judge of this Court in Civil Suit No. 2 of 2017 titled as Galatea Ltd. & Anr. v/s. Diyora and Bhjanderi Corporation and Ors. under the provisions of the Patents Acts, 1970 for infringement of the Patent No. 271425.
2. During the pendency of the appeal, two applications alongwith an affidavit dated 11th August, 2025 have been submitted jointly on behalf of the petitioners and the respondent Nos. 1 and 2, signed by the parties. The affidavit in support of the applications is of authorised signatory herein.
3. Alongwith the applications, copy of the settlement dated 5/6-08-2025 (as stated therein) has been submitted in a sealed cover in the Court with the assertion that the terms of settlement being confidential in nature, the parties are seeking liberty to file the settlement agreement in a sealed cover before this Court.
4. Taking note of the contents of the applications and the affidavit appended thereto and that the settlement agreement has been submitted in a sealed cover alongwith the applications, we provide that the process for verification of the signatories to the settlement agreement shall be conducted by the Registrar General of the High Court. It is further provided that since the signatories on behalf of the appellants are based in Israel, the Registrar General may verify the settlement agreement through virtual mode. For the rest of the signatories, they are required to remain personally present before the Registrar General, on a date to be intimated to the learned advocates appearing for the parties herein.
5. The applications alongwith the sealed cover shall be placed before the Registrar General to do the needful.
6. After verification, the report be submitted by the learned Registrar General on the next date fixed.
7. The office shall allot the regular number to the applications filed by the learned advocates in the Court before placing them before the Registrar General.
