Full Text
Translation output
Neutral Citation Number : 2023:DHC:3431
CS(COMM) 688/2019
HIGH COURT OF 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.
HIGH COURT OF 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.
Through: Ms. Vrinda Pathak and Mr. George Vithayathil, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
17.05.2023
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.
5. That in case of any breach of the terms of settlement, the 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 Agreementof 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.
6. Miscellaneous application is also disposed of.
C.HARI SHANKAR, J MAY 17, 2023 rb