Pfizer Products Inc v. K.I. Jayakumari & ORS

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1519/2011 PFIZER PRODUCTS INC ..... Plaintiff Through : Mr Shivam Sharma, Adv versus K.I. JAYAKUMARI & ORS ..... Defendants Through : Mr Zaryab Jamal Rizvi, Ms Firdouse Qutb Wani, & Mr Falit Kaushik, Advs.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.09.2016 IA No.12223/2016 This is an application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 moved jointly by the parties praying that the suit be decreed in terms of the settlement arrived at between them. The parties are stated to have settled their disputes in the terms as set out in the application.

In terms of such settlement, the defendants have acknowledged that the plaintiff is the owner and proprietor of trademark 'VIAGRA' and has further undertaken to discontinue and desist in future from making any reference or drawing any connection with the plaintiff in any manner whatsoever. The plaintiff has also agreed not to press for the relief of damages against the defendants. The said settlement is lawful.

CS(OS) 1519/2011 Page 1 of 2

In view of above, the suit of the plaintiff is decreed in terms of the settlement as set out in paragraph 2 of the application. Parties to bear their own costs.

Decree sheet be prepared accordingly.

The next date of hearing i.e. 03.10.2016 fixed before the Joint Registrar stands cancelled.

The application stands disposed of.

VIBHU BAKHRU, J SEPTEMBER 30, 2016 M CS(OS) 1519/2011 Page 2 of 2