Delhi High Court
Bristol-Myers Squibb Holdings ... vs Cipla Limited on 17 May, 2023
Neutral Citation Number : 2023:DHC:3431
$~14 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 688/2019, CC(COMM) 8/2020 & I.A. 17696/2019
(Order XXXIX Rules 1 and 2 of the CPC)
BRISTOL-MYERS SQUIBB HOLDINGS IRELAND
UNLIMITED COMPANY & ORS. ..... Plaintiffs
Through: Ms. Prachi Aggawal, Ms.
Ridhie Bajaj and Ms. Richa Bhargava, Advs.
versus
CIPLA LIMITED ..... Defendant
Through: Ms. Vrinda Pathak and Mr.
George Vithayathil, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 17.05.2023
1. The disputes between the parties stand settled. Settlement
Agreement dated 26th April 2023 is on record. The terms of the
settlement read thus:
"1. The Defendant confirms that it did not commercialize
Apixaban and/ or any of its pharmaceutically acceptable salts in
any form (API or finished formulation under the brand name
"APIGY" or otherwise) during the term of the suit patent i.e. until
September 17, 2022 and the same was commercialized only after
the expiry of the suit patent i.e. after September 17, 2022.
2. The undertaking given above by the Defendant shall be
binding henceforth on the Defendant, their associates,
representatives, successors, partners, employees, affiliates and
assignees-in-business.
3. The Defendant agrees to withdraw the Counter Claim
filed in the suit bearing number CC(COMM) No. 8 of 2022 filed
before the Hon'ble Court.
4. The present suit may be decreed in terms of the present
Settlement Agreement and the Plaintiffs may seek refund of full
court fees paid by it under Section 16 of the Court Fees Act, 1870.
Signature Not Verified 5. That in case of any breach of the terms of settlement, the
Signed By:KAMLA
Signing Date:18.05.2023
14:37:43
Neutral Citation Number : 2023:DHC:3431
parties reserve their right to seek any remedies available to them
in law and equity including a right to revive the suit and claim
damages against the said Defendant.
6. The Parties agree that they have executed the present
Settlement Agreement of their own free will and volition, without
any force or pressure from any person. The Parties also agree that
they have understood the contents of the present Settlement
Agreement as the same have been explained to them by the
Mediator and their respective counsels, in the presence of each
other and they have consented to the same in its true letter and
spirit, and as such they shall not dispute the same ever in future.
7. The Parties agree that they shall abide by the terms and
conditions set out in the present Settlement Agreement and shall
not dispute the same hereinafter in future either themselves or
through any third parties. The Parties further agree that the
statements made by them herein in this Settlement Agreement
shall be taken as their respective undertakings to the Hon'ble
Court.
8. The Parties hereto state that they have no further claims or
demands against each other, and all the disputes and differences
have been amicably settled by the Parties hereto through the
process of mediation.
9. The Parties undertake to present themselves before the
Hon'ble Court during the hearing confirming the terms of the
Settlement Agreement."
2. The parties are represented by their respective learned Counsel.
3. The Court has perused the terms of settlement and finds them to
be lawful and in order. As such, nothing survives for adjudication in
the present suit.
4. The suit stands disposed of in terms of the aforesaid Settlement
Agreement dated 26th April 2023. Decree-sheet be drawn up
accordingly.
5. The plaintiffs would be entitled to refund of the court fee paid
by them, if any.
Signature Not Verified
Signed By:KAMLA
Signing Date:18.05.2023
14:37:43
Neutral Citation Number : 2023:DHC:3431
6. Miscellaneous application is also disposed of.
C.HARI SHANKAR, J
MAY 17, 2023
rb
Signature Not Verified
Signed By:KAMLA
Signing Date:18.05.2023
14:37:43
