Sun Pharma Laboratories Limited v. M/S. Globex Healthcare & Ors.

1. The dispute between the parties, in the present case, stands settled with the timely intervention of the Delhi High Court Mediation and Conciliation Centre. The Settlement Agreement, dated 8th 2020:DHC:3284 October, 2020, drawn up under its aegis has been placed on record. The terms of the settlement, as contained therein, read thus: “i. The Defendants above named hereby recognizes the Plaintiff to be the proprietor of the trade mark MONTEK having the exclusive right to the use of the aforementioned trade mark in respect of medicinal and pharmaceutical preparations; ii. The Defendants undertake to refrain themselves, their directors, assignees in business franchisees, licensees, distributors, dealers and agents from using the mark MONTEX/MONTEX-LC or any other mark as may be deceptively similar to the Plaintiff’s trade mark MONTEK; iii. The Defendants state that there are no existing stocks of finish products under the impugned mark MONTEX/MONTEX-LC available with them, except for any stocks that may be in the retail channel(s) supplied prior to the date of the order of ex-parte ad interim injunction by the Defendant No. 1. The details of the last batch numbers of the pharmaceutical preparations manufactured by the Defendants under the trademark MONTEX/MONTIBEX is as under: S.No Product Last Batch Number Manufacturer Manuf acture Date Expiry Date 1) Montex- LC (Tablets) GA160001 Innova Captab Limited 01/2020 12/2021 2) Montex- LC (Syrup) MXL- Apple Formulations (P) Limited 10/2019 09/2021 3) Montibex- LC (Syrup) MBC Apple Formulations Private Limited 04/2020 03/2022 4) Montibex- LC GA- Innova Captab Limited 08/2020 07/2022 (Tablets) iv. The Defendants state that they will destroy all stationery, packaging, promotional and publicity material, brochures and pamphlets, labels under the impugned mark MONTEX/MONTEX-LC as recovered from the premises of Defendant No. 2 and 3 during the execution of Local Commission on 18.02.2020, in the presence of the Plaintiff’s representative at no cost of travel and allied expenses of boarding lodging to the Defendants, after giving a week’s advance intimation qua the same; v. The Defendants agree to change the mark to MONTRAZ/MONTRAZ LC to which the Plaintiff has no objection; vi. The Defendants undertake to donate INR 51000/- (Rupees Fifty-One Thousand) to “Innovative Educational & Welfare Society-Coexistence” at L-25, Lajpat Nagar – II, New Delhi – 110024 in lieu of damages within 4 weeks; vii. The Defendants had after the passing of the ad-interim ex-parte order in the present suit had manufactured one batch of the same pharmaceutical preparation under the trademark MONTIBEX/MONTIBEX-LC which since has been disposed off and the Defendants have no stock of the said goods under the trademark MONTIBEX and undertakes not to use the same in future. viii. The Defendants hereby agree that the Plaintiff shall not be liable in any manner whatsoever, whether legal or otherwise arising from the goods provided by the Defendants under the impugned mark and the Defendants shall indemnify and hold harmless the Plaintiff from any cost or claim of damages arising from it; ix. The abovementioned undertakings have been tendered by Mr. Gaurav Khanna on behalf of all Defendants and the same shall be binding on the Defendants, its assignees in business franchisees, licensees, distributors, dealers and agents for all times to come. x. In view of the undertakings given by the Defendants and the terms of settlement arrived at between the parties, the Plaintiff does not wish to press for relief for costs and rendition of accounts as prayed for in the plaint. It is also prayed that the court fee may be refunded to the Plaintiff, considering the present compromise between the parties. xi. It is, therefore, respectfully prayed that this Hon’ble Court may be pleased to record the present memo of compromise and pass a decree in terms of plaint prayer clause 28(a) and (b) and direct refund of full court fee to the Plaintiff. xii. The parties agree that they shall appear before the Hon’ble court during virtual hearing to make their statements in terms of the present Settlement Agreement. xiii. That in the light of the aforesaid terms, the First Party will be at liberty to move an appropriate application, under Section 16 of the Court Fees Act, 1870 read with Section 89 of CPC, 1908 and/or make a prayer to the Hon’ble court for refund of the Court Fee.”

2. Learned counsel for the parties, as well as the parties themselves in person, are present during the proceedings.

3. In view thereof, as the dispute stands settled, the suit is decreed, in terms of the aforesaid Settlement Agreement, which shall be treated as a part of this order. The parties shall remain bound by the covenants of the Settlement Agreement.

4. The suit stands decreed accordingly. Decree-sheet be drawn up by the Registry.

5. As the suit has been decreed without contest, the plaintiff would be entitled to refund of the court fee. The Registry will do the needful accordingly. IAs 1646-47/2020 and I.A. 7813/2020

1. In view of the order passed in the suit, these applications stand disposed of.

C. HARI SHANKAR, J.