Pfizer Products Inc v. Green Cross Health Innovation & Anr

Delhi High Court · 09 Aug 2011 · 2011:DHC:19559
Gita Mittal
CS(OS) No. 1725/2010
2011:DHC:1955
civil appeal_allowed

AI Summary

The Delhi High Court decreed a civil suit based on a voluntary settlement agreement, binding the parties to its terms and undertakings.

Full Text
Translation output
$- CS(OS) No. 1725/2010 HIGH COURT OF DELHI PFIZER PRODUCTS INC Plaintiff
Through Mr.Sahil Sethi, Adv.
VERSUS
GREEN CROSS HEALTH INNOVATION & ANR Defendants
Through Mr. Vibha Datta Makhija, Adv.
CORAM:
HON'BLE MS.JUSTICE GITA MITTAL
09.08.2011 CS(OS) No. 1725/2010
ORDER

1. A settlement agreement dated 19'^ April, 2011 has been received from the Delhi High Court Mediation & Conciliation Centre. The settlement has been signed by Mr.Sharad Chandra N. Thakar, as Managing partner of Green Cross Health Innovation-defendant no.l and authorized on behalf of defendant no.2-company. On behalf of the plaintiff, Ms.Anamika Gupta, authorized representative has signed the settlement agreement dated lO'*" April, 2011.

2. Learned counsel for the parties have respectively identified the signatures of Mr. Sharad Chandra N.Thakar and Ms. Anamika Gupta on the settlement agreement. It is pointed out by learned counsel for the parties that the terms of settlement have been set out in para 6 of the agreement. The parties have given undertakings to remain bound by 2011:DHC:1955[9] - 2 - I the terms thereof. It is also pointed out that the settlement has been entered into voluntarily without any kind of force, pressure or undue influence. The defendant no.l has furnished its manufacturing details under the signatures of Shri Sharad Chandra N. Thakar and that the authorization on behalf of defendant nos.l & 2 is placed on record along with the settlement agreement.

3. The defendants have also filed an additional affidavit of Shri MituI

S. Thakar sworn on 28'" July, 2011 in terms of the said settlement placing on record the clarification dated 25'"July,2011 in the withdrawal letter dated 24'" May, 2011 sent by the defendant no.l to the Registrar of Trademark for withdrawal of his application for registration of the trademark.

4. Learned counsel for the parties pray that the suit be decreed in terms set out in para 6 of the settlement agreement dated 19'" April,

2011.

5. The settlement is in writing and there is no legal impediment in taking the same on record.

6. It is, accordingly, directed as follows:-

(i) The suit of the plaintiff shall stand decreed in terms of para 6 of settlement agreement dated 19'"April, 2011 which shall form part ofthe decree.

(ii) The undertakings given by the parties in the settlement - 3- / agreement dated ig'*" April, 2011 are accepted and parties shall remain bound by the same. lA No.11296/2010

7. In view of the orders passed in the suit, this application does not survive for adjudication and is disposed of. Gim lyUTTALJ^ AUGUST 09, 2011 aa i!