Delhi High Court
Sun Pharma Laboratories Limited vs M/S. Globex Healthcare & Ors. on 18 November, 2020
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on 18th November , 2020
+ CS(COMM) 58/2020 and I.A. 1646/2020, I.A.1647/2020,
I.A.7813/2020
SUN PHARMA LABORATORIES LIMITED ..... Plaintiff
Through Mr. Sachin Gupta and Ms.
Rajnandini Mahajan, Advs.
versus
M/S. GLOBEX HEALTHCARE & ORS. ..... Defendants
Through Mr. Aayushman Gauba and Ms.
Gunjan Chhabra, Advs.
CORAM:
HON' BLE MR. J USTICE C. HARI SHANKAR
O R D E R (ORAL)
% 18 .11.2020
(Video-Conferencing)
C. HARI SHANKAR, J .
CS(COMM) 58/2020
1. The dispute between the parties, in the present case, stands
settled with the timely intervention of the Delhi High Court Mediation
and Conciliation Centre. The Settlement Agreement, dated 8th
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:21.11.2020
22:02:31
October, 2020, drawn up under its aegis has been placed on record.
The terms of the settlement, as contained therein, read thus:
"i. The Defendants above named hereby recognizes the
Plaintiff to be the proprietor of the trade mark MONTEK
having the exclusive right to the use of the aforementioned
trade mark in respect of medicinal and pharmaceutical
preparations;
ii. The Defendants undertake to refrain themselves, their
directors, assignees in business franchisees, licensees,
distributors, dealers and agents from using the mark
MONTEX/MONTEX-LC or any other mark as may be
deceptively similar to the Plaintiff's trade mark MONTEK;
iii. The Defendants state that there are no existing stocks
of finish products under the impugned mark
MONTEX/MONTEX-LC available with them, except for any
stocks that may be in the retail channel(s) supplied prior to
the date of the order of ex-parte ad interim injunction by the
Defendant No. 1. The details of the last batch numbers of the
pharmaceutical preparations manufactured by the Defendants
under the trademark MONTEX/MONTIBEX is as under:
S.No Product Last Manufacturer Manuf Expiry
Batch acture Date
Number Date
1) Montex- GA160001 Innova Captab 01/2020 12/2021
LC Limited
(Tablets)
2) Montex- MXL- Apple 10/2019 09/2021
LC Formulations
(Syrup) (P) Limited
3) Montibex- MBC Apple 04/2020 03/2022
LC 2001 Formulations
(Syrup) Private
Limited
4) Montibex- GA- Innova Captab 08/2020 07/2022
LC 160027 Limited
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:21.11.2020
22:02:31
(Tablets)
iv. The Defendants state that they will destroy all
stationery, packaging, promotional and publicity material,
brochures and pamphlets, labels under the impugned mark
MONTEX/MONTEX-LC as recovered from the premises of
Defendant No. 2 and 3 during the execution of Local
Commission on 18.02.2020, in the presence of the Plaintiff's
representative at no cost of travel and allied expenses of
boarding lodging to the Defendants, after giving a week's
advance intimation qua the same;
v. The Defendants agree to change the mark to
MONTRAZ/MONTRAZ LC to which the Plaintiff has no
objection;
vi. The Defendants undertake to donate INR 51000/-
(Rupees Fifty-One Thousand) to "Innovative Educational &
Welfare Society-Coexistence" at L-25, Lajpat Nagar - II, New
Delhi - 110024 in lieu of damages within 4 weeks;
vii. The Defendants had after the passing of the ad-interim
ex-parte order in the present suit had manufactured one batch
of the same pharmaceutical preparation under the trademark
MONTIBEX/MONTIBEX-LC which since has been disposed
off and the Defendants have no stock of the said goods under
the trademark MONTIBEX and undertakes not to use the same
in future.
viii. The Defendants hereby agree that the Plaintiff shall not
be liable in any manner whatsoever, whether legal or
otherwise arising from the goods provided by the Defendants
under the impugned mark and the Defendants shall indemnify
and hold harmless the Plaintiff from any cost or claim of
damages arising from it;
ix. The abovementioned undertakings have been tendered
by Mr. Gaurav Khanna on behalf of all Defendants and the
same shall be binding on the Defendants, its assignees in
business franchisees, licensees, distributors, dealers and agents
for all times to come.
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:21.11.2020
22:02:31
x. In view of the undertakings given by the Defendants
and the terms of settlement arrived at between the parties, the
Plaintiff does not wish to press for relief for costs and
rendition of accounts as prayed for in the plaint. It is also
prayed that the court fee may be refunded to the Plaintiff,
considering the present compromise between the parties.
xi. It is, therefore, respectfully prayed that this Hon'ble
Court may be pleased to record the present memo of
compromise and pass a decree in terms of plaint prayer clause
28(a) and (b) and direct refund of full court fee to the Plaintiff.
xii. The parties agree that they shall appear before the
Hon'ble court during virtual hearing to make their statements
in terms of the present Settlement Agreement.
xiii. That in the light of the aforesaid terms, the First Party
will be at liberty to move an appropriate application, under
Section 16 of the Court Fees Act, 1870 read with Section 89 of
CPC, 1908 and/or make a prayer to the Hon'ble court for
refund of the Court Fee."
2. Learned counsel for the parties, as well as the parties
themselves in person, are present during the proceedings.
3. In view thereof, as the dispute stands settled, the suit is decreed,
in terms of the aforesaid Settlement Agreement, which shall be treated
as a part of this order. The parties shall remain bound by the
covenants of the Settlement Agreement.
4. The suit stands decreed accordingly. Decree-sheet be drawn up
by the Registry.
5. As the suit has been decreed without contest, the plaintiff would
be entitled to refund of the court fee. The Registry will do the needful
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:21.11.2020
22:02:31
accordingly.
IAs 1646-47/2020 and I.A. 7813/2020
1. In view of the order passed in the suit, these applications stand
disposed of.
C. HARI SHANKAR, J.
NOVEMBER 18, 2020
r.bararia
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:21.11.2020
22:02:31
