Allergan Inc. And Anr. vs Intas Pharmaceuticals
2015 Latest Caselaw 6876 Del

18.
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CS(OS) 1445/2003 & IA No.2439/2005

                                           Decided on 11.09.2015
IN THE MATTER OF:
ALLERGAN INC. AND ANR.                    ..... Plaintiffs
                   Through : Mr. Anuj Nair, Advocate

                       versus

INTAS PHARMACEUTICALS                     .... Defendants
                   Through : Mr. Bishwajit Bhattacharya,
                   Sr. Advocate with
                   Mr. Chandrachur Bhattacharya, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A.No.19122/2015 (joint application u/O XXIII R 3 CPC)

1. This joint 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 plaintiffs' exclusive rights in respect of the

registered marks "BOTOX" and "BTX-A" and it has agreed not to use

the said marks in isolation or collectively. The plaintiffs have also

acknowledged and accepted the defendant's use of the mark "BTXA"

without hyphen and without segregating the letters forming part of the

word "BTXA".

3. Counsels for the parties state that the present suit may be

decreed in view of the settlement arrived at between the parties.

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

been signed by the authorized signatories of the parties and their

respective counsels. The application is supported by the affidavits of

the signatories to the application.

5. As counsels for the plaintiffs and the defendants 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

6. 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. Decree sheet be drawn accordingly.

7. The suit is disposed of, along with the pending application.

8. File be consigned to the record room.

                                                     (HIMA KOHLI)
SEPTEMBER, 09, 2015                                      JUDGE
sk/ap