GSP CROP SCIENCE PVT LTD vs JAI FARM CHEMICALS PVT LTD
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 668/2023
GSP CROP SCIENCE PVT LTD ….. Plaintiff
Through: Mr. Shashikant Yadav and Mr. Rahul Bhujbal, Advs.
versus
JAI FARM CHEMICALS PVT LTD ….. Defendant
Through: Mr. Bipin K. Dwivedi and Mr. Ankit Aakash Dwivedi, Advs.
CORAM:
HON’BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L)
% 07.12.2023
I.A. 24495/2023 in CS(COMM) 668/2023
1. The dispute between the parties stands settled and a joint application under Order XXIII Rule 3 of the Code of Civil Procedure 1908 (CPC) has been moved for decreeing the suit in terms of the settlement.
2. The terms of settlement are set out thus in para 3 of the application:
i. Jai Farm Chemicals 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. Jai Farm Chemicals 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. Jai Farm Chemicals Pvt. Ltd. affirms that it has not manufactured or sold any product infringing the claims of IN 394568 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. Jai Farm Chemicals Pvt. Ltd. also undertakes not to deal with any person/firm/company in relation to products containing the formulations which are subject matter of the Suit Patent;
v. Jai Farm Chemicals Pvt. Ltd. agrees to suffer a decree in terms of paragraph 3 of the present Application;
vi. Jai Farm Chemicals 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. 372467 dated 04.12.2023 drawn up on Punjab National Bank, Batra Hospital, (South Delhi) Delhi- 110062 for a sum of INR 7,50,000 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, as well as their respective associates, representatives, successors, partners, employees, affiliates, and assignees-in business.
3. The plaintiff and the defendant 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, the dispute between the parties does not survive for consideration on merits.
6. The suit stands decreed in terms of the aforesaid settlement arrived at between the parties, by which the parties shall remain bound.
7. Let a decree sheet be drawn up by the Registry.
8. The plaintiff shall be entitled to refund of 50% of the court fees deposited by it, if any.
9. The next date already fixed in the matter, i.e., 21 December 2023 shall stand cancelled.
C.HARI SHANKAR, J
DECEMBER 7, 2023
dsn
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CS(COMM) 668/2023 Page 1 of 2