Sun Pharma Laboratories Ltd vs Ttk Healthcare Ltd And Anr
2015 Latest Caselaw 6219 Del

$~17.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 4063/2014 and I.A. 26422/2014
      SUN PHARMA LABORATORIES LTD                ..... Plaintiff
                    Through: Mr. Sachin Gupta, Advocate with
                    Mr. Shashi P. Ojha, Advocate

                        versus

      TTK HEALTHCARE LTD & ANR                   ..... Defendants
                    Through: Mr. Tahir A.V., Advocate for D-1.
                    Ms. Samreen Khan, Advocate for D-2.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 24.08.2015

I.A. 17105/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have been able to

arrive at an out of court negotiated settlement. The terms and

conditions of the settlement have been set out in paras 1 to 5 of the

application.

2. Counsels for the parties state in terms of the settlement arrived

at between them, the defendants No.1 and 2 have declared that with

effect from 10.04.2015 they have stopped manufacturing medicinal

preparations under the mark, "SUSTINA-P", and the plaintiff has

agreed to permit the defendants to exhaust their stocks for a period of

six months in terms of the order passed by the Division Bench on

06.05.2015. Defendants No.1 and 2 have further stated that they do

not have any objection to the suit being decreed in terms of para

26(a) and (b) of the plaint and they shall withdraw the pending

trademark application for registration of the trademark, "SUSTINA-P"

within one month with proof of withdrawal furnished to the other side.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the authorised signatory of the plaintiff and the constituted attorney of

the defendants as also their respective counsels and is duly supported

by the affidavits of the signatories to the applications.

4. As counsels for the parties jointly state that their clients have

arrived at the aforesaid settlement of their own free will and volition

and without any undue influence or coercion from any quarters, there

appears no legal impediment in accepting the said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the application.

5. The suit is decreed in terms of terms of para 26(a) and (b) of

the plaint and the other terms and conditions of settlement as recorded

in the present application, while leaving the parties to bear their own

expenses.

6. The suit is disposed of, along with the pending applications.

7. File be consigned to the record room.

HIMA KOHLI, J AUGUST 24, 2015 rkb/ap