Delhi High Court
Dr.Reddys Laboratories Limited vs Ridgecure Pharma on 30 January, 2023
Neutral Citation Number : 2023/DHC/000683
$~9 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 5/2021 and I.A. 106/2021 (Order XXXIX Rules 1
and 2 of the CPC)
DR.REDDYS LABORATORIES LIMITED ..... Plaintiff
Through: Mr. Ranjan Narula, Adv.
versus
RIDGECURE PHARMA ..... Defendant
Through: Mr. Yajur Bhalla and Ms.
Akansha Gulati, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 30.01.2023
1. The dispute in this suit stands settled between the parties vide
Settlement Agreement dated 17th January 2023 executed under the
aegis of the Delhi High Court Mediation and Conciliation Centre. A
copy of the agreement has been placed on record. Learned Counsel for
the plaintiff and the defendant are present in Court.
2. The terms of the settlement, as set out in the aforesaid
Settlement Agreement, read thus:
"1. That Second Party hereby recognizes and acknowledges the
First Party‟s exclusive proprietary rights in the trademark OMEZ
and not to challenge First Party‟s statutory and proprietary rights
directly or indirectly at any time in future in India and globally.
2. The Second Party, their directors, confirm and undertake
that they have stopped manufacturing, exporting, and offering for
sale, advertising, directly or indirectly medicinal and
pharmaceutical preparations not limited to tablets, capsules,
injections, syrups under the mark OMEZ both for domestic sale in
India and for export. The Second Party confirms that the last batch
of OMEZ products manufactured and exported by them were as
Signature Not Verified
Digitally Signed
Signing Date:01.02.2023
13:30:13
Neutral Citation Number : 2023/DHC/000683
per details below:
S.No Manufacturing month Batch No. Month of
and year Expiry
1 July 2020 (OMEZ-D) TLC-287 08/2021
2 May 2020 (OMEZ-20) TLC-153 04/2021
The Second Party confirms the products mentioned above are
already distributed/sold and they do not have in stock further
products, packaging, printed material bearing the mark OMEZ.
Any unused printed material shall be destroyed by the Second
Party at its own cost.
3. The Second Party agrees to forthwith Cease and desist from
manufacturing and marketing of OMEZ product. The Second Party
agrees not to adopt at any time in future or use any mark
deceptively similar to OMEZ or containing OMEZ in any manner
for any pharmaceuticals or medicinal preparations. Any violation
of this undertaking making the Second Party liable for exemplary
damages and cost of INR 25 Lacs (Twenty-Five Lacs only).
4. The Second Party undertakes and confirms that no fresh
batch of OMEZ will be or cause to be made by them. The Second
Party declares and confirms that any further production or sale
through any route or through a third party will make them liable
for claim of cost and damages as set out in clause 3 above.
5. The Second Party confirms that it has not applied for its
registration for the mark OMEZ in class 5 and shall not to do so in
future.
6. The Second Party undertakes not to adopt any mark in
future whether for sale in domestic market or for export any mark
that is identical or deceptively similar to the First Party‟s mark
OMEZ or carry out any such activities as may be likely to cause
confusion or deception amounting to, passing off their goods under
captioned Trademark as and for that of the First Party.
7. The Second Party agrees to remove all the listings of the
impugned mark OMEZ if any, from their websites, B2B websites
or any other online directories, B2C websites or portals that were
used by the Second Party to promote their products bearing the
mark OMEZ or any other marks identical or deceptively similar to
the First Party‟s marks „OMEZ‟.
8. That both the parties confirm and understand that in case of
any violation of the terms of the Settlement terms as set out above
them shall be liable for legal proceedings.
9. That the Second Party has agreed to pay a sum of Rs
4,00,000 (Four Lacs only) to the First Party in two installments.
The first installment of Rs. 3,00,000 to be paid at the time of
Signature Not Verified
Digitally Signed
Signing Date:01.02.2023
13:30:13
Neutral Citation Number : 2023/DHC/000683
recording the settlement, by way of demand draft as part of the
contribution towards cost. The Second installment of Rs. 1 Lac
shall be paid by way of post-dated check bearing the date 1st Jan,
2023 to be handed over at the time of recording the settlement.
10. That in view of the aforesaid undertaking given by the
Second Party, the First Party agrees to forego its claim of rendition
of any/all account/damages/punitive damages against the Second
Party including account/damages/punitive damages as stated in
paragraph no.30 of the plaint and the parties agree that in view of
the above undertakings and acknowledgments, a decree may be
passed in terms of the mediation settlement agreement."
3. Learned Counsels agree on behalf of their respective clients, to
abide by the aforesaid terms of Settlement Agreement. Accordingly,
the terms of settlement shall be binding on both parties.
4. In view thereof, nothing survives for adjudication in the present
case.
5. The suit, accordingly, stands decreed, in terms of the aforesaid
terms of settlement as contained in the Settlement Agreement dated
17th January 2023.
6. The plaintiff is entitled to refund of the court fee paid by the
plaintiff, if any. The Registry is directed to draw up a decree-sheet
accordingly. Miscellaneous application is also disposed of as
infructuous.
C.HARI SHANKAR, J
JANUARY 30, 2023
rb
Signature Not Verified
Digitally Signed
Signing Date:01.02.2023
13:30:13
