Sun Pharma Laboratories Ltd vs Windlas Biotech Ltd & Anr

C.Hari Shankar, J

I.A. 10812/2023 in CS(COMM) 302/2022

The disputes between the parties stand settled and the present application has been jointly filed by them under Order XXIII Rule 3 of the CPC praying that the suit be decreed in terms of the said settlement. The terms of the settlement read thus:

“i. The Defendants state that there are no existing stocks of finished products under the impugned mark PANTRACID and its extensions thereof available with them;

ii. The Defendants state that they have destroyed all the stationary, packaging, promotional and publicity material and labels under the impugned mark being PANTRACID and its extensions thereof;

iii. The Defendants confirm that apart from the batches of the impugned product under the mark PANTRACID and its extensions thereof, no other batches have been manufactured or sold by the Defendants. The Defendants confirm that below are the batches which have not yet expired and are currently in the market under the impugned mark. The said batch details are as follows:-

Impugned Product/forms

Batch No.

PANTRACID GEL

WPG21001

PANTRACID GEL

WPG21002

PANTRACID GEL

WPG22001

PANTRACID MPS SUSPENSION

TBHUl553

PANTRACID MPS SUSPENSION

TBHUl554

PANTRACID MPS SUSPENSION

TBHUl530

PANTRACID MPS SUSPENSION

TBHV0531

PANTRACID MPS SUSPENSION

TBHV0532

PANTRACID MPS SUSPENSION

TBHV0533

PANTRACID DSR CAPSULES

BHC-2l06075

PANTRACID DSR CAPSULES

WPC2l00l

PANTRACID DSR CAPSULES

WPC22001

PANTRACID DSR CAPSULES

WPC22002

PANTRACID DSR CAPSULES

WPC22003

iv. The Defendants confirm that they shall destroy all kinds of packaging, publicity, advertisement and promotional material bearing mark PANTRACID and its variants in the presence of the Plaintiff's representative;

v. The Defendant further confirm that they have directed removal of all the listings, bearing the impugned carton and inner foil packaging and its variants on their website or other social media handles, over which they have direct control;

vi. Defendant confirms that the Defendant has not filed any trade mark and/or copyright application for impugned carton and inner foil packaging and its variants in India and/or abroad.

viii. Defendant confirm that it shall not use, manufacture, trade, sale, offer to sale, advertise, marketing the products under trademark PANTRACID and its variants.

viii. Defendant confirm that it shall not cause to use, manufacture, trade, sale, offer to sale, advertise, marketing the products under trademark PANTRACID and its variants.

ix. The Plaintiff is foregoing costs and damages as sought in the plaint at the request of the Defendants.”

The Court has perused the terms of settlement and find them to be lawful and in order.

In view of the aforesaid terms of settlement, nothing survives for adjudication in the present suit.

The suit accordingly stands decreed in terms of the aforesaid terms of settlement by which learned Counsel for the parties agreed that their clients would remain bound.

Let a decree sheet be drawn up accordingly. Miscellaneous applications are also stand disposed of.

The plaintiff would be entitled to complete refund of court fee, if any, deposited by it.