F Hoffmann-La Roche Ltd & Anr vs Glenmark Pharmaceuticals ...
2015 Latest Caselaw 9400 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 402/2010 & CC No.50/2010
     F HOFFMANN-LA ROCHE LTD & ANR              ..... Plaintiffs
                    Through : Mr. Pravin Anand, Advocate

                   versus
     GLENMARK PHARMACEUTICALS LIMITED          ..... Defendant
                   Through : Mr. Eshan Ghosh, Advocate
     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 17.12.2015 I.A.No.25724/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement.

2. The details of the terms and conditions of the settlement have

been set out in para 2 of the application, whereunder the defendant

has acknowledged the intellectual property rights of the plaintiffs in

Patent No.IN 196774, filed on 13.3.1996 and has given certain

undertakings to the plaintiffs. The defendant has also agreed to

withdraw its counter claim.

3. In lieu of the undertakings given by the defendant, the plaintiffs

have agreed to give up the claim of costs and damages from the

defendant, except to the extent mentioned in the present application

and has agreed to withdraw the pending contempt petition, being CCP

No.35/2010.

4. Counsels for the parties state that the suit may be decreed in

terms of settlement arrived at between the parties.

5. The Court has pursued the present application. The same has

been signed by the authorized representatives of the parties as also by

their respective counsels. The application is supported by the affidavits

of the signatories to the application.

6. As counsels for the plaintiffs and the defendant jointly state that

the parties 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

7. The suit is decreed in terms of the settlement arrived at and

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

costs.

8. The suit as also the counter claim are disposed of.

9. The date already fixed in the case, i.e., 18.2.2016 stands

cancelled.

10. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 17, 2015/sk/ap