Merck Sharp And Dhome Corp & Anr vs Eran Niv & Ors
2015 Latest Caselaw 7999 Del

$~11.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3886/2014 and I.A. 25405/2014
      MERCK SHARP AND DHOME CORP & ANR          ..... Plaintiffs
                    Through: Mr. Pravin Anand, Advocate with
                    Ms. Udita Patro, Advocate

                         versus

      ERAN NIV & ORS                                 ..... Defendants
                         Through: Mr. Aditya Dewan, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 16.10.2015

I.A. 22102/2015 (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 para 2 of the

application, whereunder the defendants have acknowledged the

validity of the suit patent IN'816 in favour of the plaintiffs and have

given a series of undertakings to the plaintiffs. In lieu of the said

undertakings, the plaintiffs have agreed to give up the reliefs prayed

for in paras 73(b) to (e) of the plaint.

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

the averments made in the application. The application has been

signed by the constituted attorney/authorised signatories of the

plaintiffs and the defendants and their respective counsels and the

same is duly supported by the affidavits of the signatories.

3. 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 which is

taken on record. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

4. The suit is decreed in accordance with the terms and conditions

recorded in the compromise application and para 73(a) of the plaint

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

drawn accordingly.

5. The suit is disposed of alongwith the pending applications.

6. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 16, 2015 rkb/ap