GSP CROP SCIENCE PVT LTD vs SYNERGY INSECTICIDES PVT LTD
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 871/2023
GSP CROP SCIENCE PVT LTD ….. Plaintiff
Through: Mr. G. Nataraj, Mr. Shashikant Yadav and Mr. Rahul Bhujbal, Advs.
versus
SYNERGY INSECTICIDES PVT LTD ….. Defendant
Through: None
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 22.12.2023
1. The dispute between the parties stands settled and IA 26222/2023 has been moved jointly by both sides for decreeing of suit in terms of the settlement at which they have arrived.
2. The terms of settlement read thus:
5. The Plaintiff and the Defendant above-named, i.e., Synergy Insecticides Pvt. Ltd. have arrived at a consensus on the terms and conditions of a mutually acceptable settlement as detailed hereinbelow:
i. Synergy Insecticides Pvt. Ltd. i.e., Defendant acknowledges the Plaintiffs exclusive right in dealing in products containing the formulation which is subject matter protected by the claims of Indian Patent 394568 i.e., the suit patent;
ii. Synergy Insecticides Pvt. Ltd. further acknowledges the validity of Indian Patent 394568 and acknowledges that any act of making, using, offering for sale, selling or importing, the subject matter of the claims of the suit patent, will violate the statutory rights of the Plaintiff;
iii. Synergy Insecticides Pvt. Ltd. affirms that it has not manufactured or sold any product infringing the claims of IN 394568 after 08.12.2023 and undertakes that during the lifetime of IN568 it will not infringe the rights of the Plaintiff in the claims of the suit patent in any manner, including for example, by making, using, offering for sale, selling or importing a product which falls within the scope of the claims of IN 394568;
iv. Synergy Insecticides Pvt. Ltd. also undertakes not to deal with any person/company/entity, natural or legal, relating to products, which to the best of its knowledge, contain the formulations which are the subject matter of the Suit Patent, and as a goodwill gesture, agrees to inform GSP promptly as and when any such third party approaches Synergy to deal in such products;
v. Synergy Insecticides Pvt. Ltd. agrees to suffer a decree in terms of paragraph 5 of the present Application;
vi. Synergy Insecticides Pvt. Ltd. undertakes to seek a license from the Plaintiff in the event it wishes in the future to manufacture or sell or carry out any other commercial activity in respect of any suspo-emulsion formulation of Pyriproxyfen 1-15% and Diafenthiuron 25-55% protected by Indian Patent 394568;
vii. Defendant has tendered upon the Plaintiffs Counsel a cheque bearing no. 420542 dated 18 December 2023 drawn on Axis Bank Limited for a sum of INR 3,50,000.00 as payment for part-cost incurred by the Plaintiff in prosecution of the present suit;
viii. Subject to the undertakings and statements given by the parties herein, the Plaintiff waives its claim for delivery up, damages, rendition of accounts and remaining costs of the proceedings as regards the Defendant;
ix. Parties agree and undertake that the above undertakings and statements shall be binding henceforth on the parties as appropriate and as well as their respective associates, representatives, successors, partners, employees, affiliates, employees, agents, distributors, directors, assignees-in business, and any and all persons acting for and on their behalf.
3. Both sides are represented by learned Counsel who undertake on behalf of their respective clients to remain bound by the terms of settlement.
4. The Court has perused the terms of settlement and find them to be lawful and in order.
5. As such, nothing survives for adjudication in the present suit on merits.
6. The parties shall remain bound by the aforesaid terms of settlement.
7. The suit stands decreed in terms of the aforesaid settlement.
8. Let a decree sheet be drawn up by the Registry accordingly.
9. The plaintiff shall be entitled to refund of 50 % of the court fees deposited by it, if any.
C. HARI SHANKAR, J.
DECEMBER 22, 2023
dsn
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CS(COMM) 871/2023 Page 1 of 3