Itc Limited v. Philip Morris Products Sa & ORS

$~23.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 240/2018 ITC LIMITED ..... Plaintiff Through:

Mr. Sudeep Chatterjee and Ms. Sonal, Advs.

versus PHILIP MORRIS PRODUCTS SA & ORS ..... Defendants Through:

Mr. Ryan Wilson, Adv. for D-1&2.

Mr. Sumit Wadhwa and Ms. Malika Ahluwalia, Advs. for D-3.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 10.05.2018 IA No.6508/2018 (u/O XXIII R-3 CPC).

1.

The plaintiff instituted this suit for permanent injunction restraining infringement and passing off and for ancillary reliefs. 2.

The suit is stated to be listed in the category of 'Finals'. 3.

The plaintiff and all the three defendants are stated to have compromised all the disputes subject matter of this suit and IA No.6508/2018 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) purporting to be signed on behalf of the plaintiff as well as on behalf of all the three defendants and accompanied with their affidavits and also signed by the Advocates for the parties, has been moved. 4.

The counsel for the plaintiff and the counsel for all the three defendants support the application.

5.

I have perused the compromise arrived at as contained in the application and find the same to be lawful.

6.

IA No.6508/2018 is allowed and disposed of.

CS(COMM) 240/2018

7.

A decree is passed in favour of the plaintiff and against the defendants in terms of IA No.6508/2018 which shall form part of the decree sheet, leaving the parties to bear their own costs.

Decree sheet be drawn up.

RAJIV SAHAI ENDLAW, J MAY 10, 2018 'pp'

CS(COMM) 240/2018