Danone Asia Pacific Holdings Pte. Ltd. v. M/S Supercure Biotech Private Limited And ORS
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 908/2024 & I.A. 43057/2024 DANONE ASIA PACIFIC HOLDINGS PTE. LTD.
.....Plaintiff Through:
Mr.
M.S.
Bharath, Mr.
Ayush Sharma, Mr. Krishna V.S. and Mr. Ashish Sharma, Advocates.
versus M/S SUPERCURE BIOTECH PRIVATE LIMITED AND ORS .....Defendants Through:
Mr. Aditya Shankar Prasad, Ms.
Poorvi Shukla and Mr. Prateek Raj, Advocates.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 27.02.2026 I.A. 5525/2026 1.
This application is jointly filed on behalf of the parties under Order XXIII Rule 3 CPC for recording the settlement arrived at between the parties.
2.
This suit was instituted by the Plaintiff seeking a decree of permanent injunction restraining Defendants from using marks 'PROTILEX'/ , which infringe Plaintiff's registered trademark PROTINEX and its formative marks as also from infringing Plaintiff's trade dress/ logos/labels and artworks and/or passing off, amongst other reliefs. 3.
During the pendency of the suit, parties have amicably settled their CS(COMM) 908/2024 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 09/03/2026 at 12:59:05
inter se disputes and terms of settlement are incorporated separately in a Memorandum of Compromise dated 02.02.2026.
4.
Court has perused the terms of settlement and finds the same to be lawful. Accordingly, the application is allowed, recording the settlement between the parties.
5.
Application stands disposed of.
CS(COMM) 908/2024 & I.A. 43057/2024 6.
In view of the order passed in I.A. 5525/2026 above, suit is decreed in terms of the Memorandum of Compromise dated 02.02.2026, which shall form a part of the decree and terms thereof shall bind the parties thereto. 7.
Registry is directed to draw up the decree sheet. 8.
Suit is disposed of along with pending application. 9.
Plaintiff is held entitled to refund of entire Court fees in accordance with the Court Fees Act, 1870.
JYOTI SINGH, J FEBRUARY 27, 2026/RW CS(COMM) 908/2024 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 09/03/2026 at 12:59:05