Novartis AG & Anr. v. Zydus Healthcare Limited & Anr.

1. The dispute between the parties stands amicably resolved and IA 13715/2023 has been filed as a joint application by the plaintiff and the defendant under Order XXIII Rule 3 of the CPC for decreeing of the suit in terms of the settlement arrived at between them. O R D E R (ORAL) % 27.07.2023

2. Para 4 of the said settlement application, which contains the terms of settlement, read thus: “The Plaintiffs hereby agree to forego their claims made in prayer paragraph nos. 25 (a) to (f) of the Plaint and the Defendants agree to forego their claims made in prayer paragraph nos. 60 (a) to ( d ) of the counter claim subject to a decree being passed the suit and counter claim in terms of the respective undertakings of the Parties recorded herein. By signing the present application, the Parties hereto agree that they have no further claims and/or demands against each other in relation to the present suit and counter claim.” CS(COMM) 681/2021

3. The parties are represented by learned Counsel who undertake, on behalf of their respective clients, to abide by the aforesaid 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.

6. The suit accordingly stands decreed in terms of para 4 of the settlement agreement reproduced hereinabove.

7. Let a decree sheet be drawn up by the Registry accordingly.

8. The plaintiff shall be entitled to refund of 50% court fees, if any, deposited by it.

C. HARI SHANKAR, J.