Zydus Wellness Products Limited v. M/S Arihant Remedies & ANR.

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 417/2019 ZYDUS WELLNESS PRODUCTS LIMITED .....Plaintiff Through:

Mr. Sagar Chandra, Ms. Shubhie Wahi, Ms. Ankita Seth and Ms. Vatsala Batra, Advocates.

versus M/S ARIHANT REMEDIES & ANR.

.....Defendants Through:

Mr. Anmol Wadhwa, Mr. Varun Sharma and Mr. Rakesh Kumar Jha, Advocates for D-1.

D-2 is ex-parte.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 02.04.2026 1.

This suit is instituted on behalf of the Plaintiff for a decree of permanent injunction restraining Defendants and all others acting on their behalf from manufacturing, selling, offering for sale, exporting, advertising, marketing its product glucose powder and/or any other allied and cognate goods under the marks "GLUCOSE-D" and/or "GLUCOSE-C" and/or any packaging, which is identical or deceptively similar to Plaintiff's marks and packaging respectively, amongst other reliefs. 2.

During the pendency of the suit, Defendant No. 2 was proceeded ex parte and his right to file written statement was also closed since no written statement was filed within the prescribed period of limitation. No steps have been taken by Defendant No. 2 to seek recall of the ex parte order and/or join proceedings at any stage thereafter.

CS(COMM) 417/2019 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 13/04/2026 at 13:39:05

3.

Insofar as Defendant No. 1 is concerned, parties have amicably resolved their disputes before the Delhi High Court Mediation and Conciliation Centre and executed a Settlement Agreement dated 10.02.2026 incorporating the terms of settlement, wherein Defendant No. 1 has inter alia acknowledged the proprietary rights of the Plaintiff and has agreed to give up the impugned marks.

4.

In light of the fact that inter se disputes between the Plaintiff and Defendant No. 1 have been amicably settled and Defendant No. 2 is ex parte, the suit is decreed in favour of the Plaintiff qua Defendant No. 1 in terms of the settlement and against Defendant No. 2 in terms of paragraph 39(i) to (v) as no disputed question remains to be adjudicated between the said parties and no purpose will be achieved in directing the Plaintiff to lead ex parte evidence since it does not press the reliefs of damages, delivery up and rendition of accounts.

5.

Registry is directed to draw up the decree sheet. 6.

Suit stands disposed of.

7.

Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870.

JYOTI SINGH, J APRIL 2, 2026/RW CS(COMM) 417/2019 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 13/04/2026 at 13:39:05