Merck Sharp & Dohme Corp. & Anr. vs Jayesh Mehta & Anr.
2015 Latest Caselaw 913 Del

*               IN THE HIGH COURT OF DELHI AT NEW DELHI

+                   CS(OS) 1768/2014
                                                       Decided on 02.02.2015
IN THE MATTER OF :
MERCK SHARP & DOHME CORP. & ANR.               ..... Plaintiffs
                   Through: Mr. Praveen Anand with
                   Ms. Tusha Malhotra, Advocates

                            versus

JAYESH MEHTA & ANR.                                     ..... Defendants
                            Through: Mr. Rajiv Shukla, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A.No.2258/2015 (joint application u/O XXIII R-3 CPC)

1. The present compromise application has been jointly filed by the

parties stating inter alia that during the pendency of the present

proceedings, the parties have arrived at an out of court settlement.

2. The terms and conditions of the settlement arrived at between

the parties are set out in para 2 of the application, whereudner the

defendants No.1 & 2 have acknowledged the validity of the suit patent

IN' 816 vested in the plaintiffs and the plaintiffs' exclusive right in

dealing in products containing Sitagliptin or any of the

pharmaceutically acceptable salts, subject matter of the suit patent.

Further, as recorded in the application, the defendants have

undertaken not to infringe the rights of the plaintiffs in IN' 816, in

future.

3. Counsels for the parties state that in view of the settlement

arrived at between the parties and recorded in the application, the suit

may be decreed in favour of the plaintiffs in terms of para 65(a) of the

plaint.

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

signed by the authorized signatory of the plaintiffs and the defendant

No.1 as a proprietor of the defendant No.2 firm as also by their

respective counsels. The application is supported by the affidavits of

the constituted attorneys of the plaintiffs No.1 & 2 and the proprietor

of the defendant No.2 firm.

5. As the counsels for the parties 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 same. The parties shall

remain bound by the terms and conditions of the settlement arrived at

between them.

6. The application is allowed and the suit is decreed in accordance

with the terms and conditions of the settlement recorded in the

present application read with sub-clause (a) of para 65 of the prayer

clause of the plaint.

7. The parties are left to bear their own costs.

8. The date already fixed in the suit, i.e., 2.3.2015 stands

cancelled.

9. File be consigned to the record room.

                                                      (HIMA KOHLI)
FEBRUARY 02, 2015                                        JUDGE
sk