Pfizer Products, Inc. vs Lifeline Medicos & Ors
2015 Latest Caselaw 9288 Del

$~11.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1218/2006
     PFIZER PRODUCTS, INC.                     ..... Plaintiff
                   Through: Ms. Shilpa Gupta, Advocate

                       versus

     LIFELINE MEDICOS & ORS                     ..... Defendants
                    Through: Ms. Simran Brar, Advocate with
                    Mr. Varun Kumar, Ms. Saloni Choudhary and
                    Ms. Deveshi Mishra, Advocates for D-2 to D-4.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 14.12.2015

I.A. 25373/2015 (by the plaintiff and D-2 to D-4 u/O XXIII R 3 CPC)

1. At the outset, learned counsel for the plaintiff submits that the

defendant No.1 has already been deleted from the array of the

defendants in terms of the order dated 24.04.2009. The defendant

No.2 is stated to be a marketing division of the defendant No.4 and

not an independent entity.

2. The plaintiff and the defendants No.2 to 4 have arrived at an out

of court settlement, whereunder the defendants No.2 to 4 have

undertaken to change its mark, "VIGORA" to "VIGORE" in respect of

their products w.e.f. 01.01.2016, as detailed in para 3 of the

application. The defendants No.2 to 4 have also undertaken to

exhaust/sell the stock of their product, "VIGORA" on or before

30.04.2016 or on the expiry of six months from today, whichever is

earlier with a further undertaking to destroy the remaining inventory

of its product bearing the brand "VIGORA". The remaining

undertakings given by the defendant No.2 to 4 have been set out in

para 3(c) and (d) of the application.

3. Counsel for the plaintiff states that in view of the settlement

arrived at with the defendants No.2 to 4, the plaintiff gives up the

claim of damages against the said defendants.

4. The Court has perused the present application. The same has

been signed by the constituted attorney of the plaintiff/company, the

authorised representative of the defendant No.2, Director of the

defendant No.3 and the authorised signatory of the defendant No.4 as

also by their respective counsels. The application is supported by the

affidavits of the signatories to the application and the authorizations

issued in favour of the signatories, authorizzing them to sign the said

application.

5. As counsels for the plaintiff and defendants No.2 to 4 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 as recorded in the Settlement Agreement.

6. The application is allowed and the suit is decreed qua the

defendants No.2 to 4 in terms of the settlement recorded therein while

leaving the parties to bear their own expenses. Decree sheet be

drawn accordingly.

7. The application is disposed of.

HIMA KOHLI, J DECEMBER 14, 2015 rkb