Novartis Ag & Ors vs Intas Pharmaceuticals Limited
2015 Latest Caselaw 7513 Del

$~62.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1120/2015
     NOVARTIS AG & ORS                           ..... Plaintiffs
                    Through: Dr. Shilpa Arora, Advocate

                       versus


     INTAS PHARMACEUTICALS LIMITED             ..... Defendant
                   Through: Ms. Aradhana Sachdeva, Advocate
                   with Ms. Namrita Kochhar, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 01.10.2015

I.A. 20753/2015 (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 recorded in para 2 of the

application, whereunder the defendant has acknowledged the plaintiffs

to be the proprietors of the trademark, "LUMINOUS" in relation to

medical and educational services, scientific research data and/or

pharmaceutical products pertaining to Ranibizumab. The defendant

has also given a series of undertakings to the plaintiffs. The parties

have agreed that in view of the settlement, the suit instituted by the

defendant against the plaintiffs, registered as CS(OS) 1075/2015 may

be dismissed as infructuous.

2. In view of the undertakings given by the defendant, the plaintiffs

have agreed that they do not wish to press the claim for damages and

rendition of accounts against the defendant. However, the defendant

has agreed that if it is found to be committing breach of any of the

undertakings as recorded in the application, they shall pay a sum of

Rs.20 lacs as an admitted liability. Counsels for the parties state that

the present suit may be decreed in accordance with the terms and

conditions recorded in the application.

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 signatories of the plaintiffs and defendant and their

respective counsels and the same is duly supported by the affidavits of

the signatories.

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 accordance with the terms and conditions

recorded in the compromise application. Decree sheet be drawn

accordingly.

6. The suit is disposed of alongwith the pending application.

7. File be consigned to the record room .

HIMA KOHLI, J OCTOBER 01, 2015 rkb