Kudos Pharmaceuticals Limited & ORS. v. Natco Pharma Limited

$~31.

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. 12421/2025 IN + CS(COMM) 29/2023 KUDOS PHARMACEUTICALS LIMITED & ORS......Plaintiffs Through:

Mr. Pravin Anand, Ms. Vaishali R.

Mittal, Mr. Siddhant Chamola, Mr.

Shivang Sharma and Mr. Gursimran Singh Narula, Advocates.

versus NATCO PHARMA LIMITED .....Defendant Through:

Mr. J. Sai Deepak, Sr. Advocate with Mr. Mohit Noel, Mr. Sidharth Goel, Mr.

Deepankar Mishra and Mr.

Avinash K. Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 15.05.2025 I.A. 12421/2025 (u/O XXIII Rule 3 of CPC, 1908) 1.

This is a joint application filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 for recordal of settlement between the parties. 2.

The parties have settled their disputes vide Agreement dated 20th March, 2025, the terms of which are stated to be confidential. 3.

Paragraph 5 of the application which records the terms of the settlement is set out below:

"5.

In accordance with the terms of settlement of agreement, the parties undertaken as under - The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:23:22 CS(COMM) 29/2023

a) The Plaintiffs agree to the disposal of the present lawsuit, CS (COMM) of and all applications connected/filed herewith.

b) The Defendant agrees to withdraw the Revocation Petition bearing no. CO (COMM IPD PAT) No.1 of 2023 pending before the Hon'ble Court.

c) The Parties agree that the Settlement Agreement constitutes full and final settlement of the present suit as well as full and final settlement of any claim or allegation by the Plaintiffs arising out of manufacture, import, marketing, use, sale, offer for sale, supply or any other exploitation of any nature whatsoever of Olaparib or any other product which is the subject matter of the suit patents either by the Defendant or any person acting through or under the Defendant.

d) The Parties hereto state that they have no further claims or demands of any nature whatsoever against each other and all the disputes and differences in this regard have been amicably settled.

e) The Parties further agree that they shall abide by the terms and conditions set out in the Settlement Agreement and shall not dispute the same hereinafter in future either themselves or through any third parties."

[Emphasis supplied] 4.

I have gone through the terms of the settlement and I do not find them to be unlawful.

5.

Parties shall remain bound by the terms of the settlement. 6.

In view of the above settlement, the present suit, along with all pending applications, stands disposed of.

AMIT BANSAL, J MAY 15, 2025 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/05/2025 at 12:23:22 CS(COMM) 29/2023