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FAO(OS)
(COMM)146/2016 VIFOR(INTERNATIONAL)LIMITED Appellant
Represented by: Ms.Vaishali Mittal,Advocate with Ms.D.Neha Reddy, Advocate
VIFOR(INTERNATIONAL)LIMITED Appellant Represented by: Ms.Vaishali Mittal,Advocate with Ms.D.Neha Reddy, Advocate
HON'BLE MR.JUSTICE YOGESH KHANNA
12.01.2017
ORDER
2. The parties have settled the dispute forming subject matter ofthe suit. FAO(OS)(COMM)146/2016& CS(COMM)1638/2016 page 1 of[2] 2017:DHC:8346-DB (P. The respondents have filed an undertaking in the Registry. Advance copy thereofhas been supplied to learned counselforfhe appellant.
3. The respondents acknowledge the proprietary interest emanating from Indian Patent No.221536 in the drug:Ferric Carboxymaltose in favour ofthe appellant and have given an undertaking recorded in paras 'iii' to 'vi' ofthe undertaking filed in the Registry. The appellant has foregone the right to claim,delivery up,costs,damages and rendition ofaccounts.
4. With consent of parties we have got listed CS(Comm) 1638/2016 before us today.
5. In view ofthe undertaking given by the respondents the appeal and CS(Comm) 1638/2016 filed by the appellant are disposed of granting a decree in favour ofthe appellant and againstthe respondents in terms ofparas 'iii'to'iv' ofthe undertaking filed.
6. As regards claim for delivery up, costs, daniages and rendition of accounts the suit is dismissed as not pressed.
7. The next date of hearing fixed before the learned Single Judge in CS(Comm)1638/2016 is cancelled.
8. Parties shall bear their own costs in the suit as well as in the appeal. CM No.47986/2016 Dismissed as infructuous. IANos.15747/2016. 15748/2016, 15749/2016 in CSfCOMM)1638/2016 Dismissed as infructuous. -r-r PRADEEP NANDRAJOG,J YOGESH KHANNA,J JANUARY 12,2017/skb FAO(OS)(COMM)146/2016& CS(COMM)1638/2016 page2of[2]