Delhi High Court
Life Technologies Corporation & ... vs Atz Lab Solutions(India) Pvt Ltd & ... on 17 July, 2017
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 17.07.2017
+ CS(OS) 1698/2012 & CRL.M.A. 14831/2016, IA
No.4309/2016 (for dismissal of the suit), IA No.10001/2014
(for amendment of the plaint)
LIFE TECHNOLOGIES CORPORATION & ANR ..... Plaintiff
versus
ATZ LAB SOLUTIONS(INDIA) PVT LTD & ORS ..... Defendants
Advocates who appeared in this case:
For the Plaintiffs : Ms. Nancy Roy, Advocate.
For the Defendants : Mr. Ankur Sood, Advocate.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
17.07.2017
SANJEEV SACHDEVA, J. (ORAL)
IA No.7552/2017 (Under Order XXIII Rule 3 CPC) in CS(OS)
1698/2012
1. The plaintiffs have filed the present suit for passing off of the
plaintiffs' trademarks as well as infringement of the plaintiffs'
registered trademarks.
2. Pending the suit, the parties have settled their disputes and
Settlement Agreement dated 27.05.2017 has been executed between
the parties.
3. Learned counsel for the parties submit that as parties were at
different places the agreements were exchanged and the Settlement
Agreement was signed by Life Technologies Corporation on
24.05.2017 but has been dated 27.05.2017 as the 27.05.2017 was
agreed upon effective date.
4. It is submitted that the agreement has been executed in
counterparts. It was signed in counterpart on behalf of Thermo Fisher
Scientific Inc. & Life Technologies Corporation on 24.05.2017 and on
behalf of Life Technologies India Pvt. Ltd., Mr. Rajan Sahni, it was
signed on 28.05.2017 and on behalf of Invitrogen Bioservices India
Pvt. Ltd. and ATZ Lab Solutions (India) Private Limited it was signed
on 30.05.2017.
5. Two photocopies of the Settlement Agreement dated
27.05.2017 have been handed over in Court. The same are taken on
record.
6. Copy of the agreement dated 27.05.2017 has been annexed
along with the application under order XXIII rule 3. The application
is supported by an affidavit of Mr. Arvind Sonawane, the Constituted
Attorney of the plaintiff No.1 as also by Mr. Rajan Sahni defendant
No.2 for self as also as authorized representative of the defendant
Nos.1 and 3. The application is also signed by the learned counsel for
the parties.
7. The two copies of Settlement Agreement dated 27.05.2017,
filed today in Court, are marked as Ex.'C-1' and Ex.'C-2'.
8. Learned counsel for the parties further points out that Thermo
Fisher Scientific Inc. has paid US $ 36,35,000 collectively to Life
Technologies India Pvt. Ltd. and Mr. Rajan Sahni, as described in
paragraph 2.2 of the Settlement Agreement Ex.'C-1' and Ex.'C-2.
9. Learned counsel for the parties confirm that the said payment
has been made and has been so recorded in order dated 30.05.2017 in
Crl.M.C. 2334/2017 titled Arvind Sonawane & Ors. vs. State of NCT
of Delhi & Ors.
10. Learned counsel further submits that, by the said order dated
30.05.2017, the FIR No.271/2016, Police Station - Rani Bagh has also
been quashed.
11. In view of the Settlement Agreement, the application is
allowed.
CS(OS) 1698/2012
12. The suit is decreed in terms of the Settlement Agreement
Ex.'C-1' and Ex.'C-2. The Settlement Agreement Ex.'C-1' and
Ex.'C-2 shall form part of the decree.
13. Decree Sheet be prepared accordingly.
CRL.M.A. 14831/2016, IA No.4309/2016 (for dismissal of the
suit), IA No.10001/2014 (for amendment of the plaint)
14. In view of the settlement agreement and the suit being decreed,
the applications are disposed of.
SANJEEV SACHDEVA, J
JULY 17, 2017
st
