Pharmed Limited v. Meyer Organics Private Limited & ORS.
$~11 to 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O. (COMM.IPD-TM) 256/2024, I.A. 47868/2024, I.A. 8144/2025, I.A. 8145/2025 & I.A. 8149/2025 PHARMED LIMITED .....Petitioner Through:
Ms. Lakshmidevi Somanath and Ms.
Kanishka Vaish, Advocates.
versus MEYER ORGANICS PRIVATE LIMITED & ANR.
.....Respondents Through:
Ms. Marylou Bilawala, Mr. Dharav Shah, Mr. Neil Datta, Mr. Shubham Saini, Mr. Ayan Roy and Ms. Rubeka Himayat, Advocates for R-1.
Ms. Nidhi Raman, CGSC with Mr.
Mayank Sansanwal and Mr. Om Ram, Advocates for R-2.
+ C.O. (COMM.IPD-TM) 257/2024, I.A. 47872/2024, I.A. 8146/2025, I.A. 8147/2025 & I.A. 8148/2025 PHARMED LIMITED .....Petitioner Through:
Ms. Lakshmidevi Somanath and Ms.
Kanishka Vaish, Advocates.
versus MEYER ORGANICS PRIVATE LIMITED & ANR.
.....Respondents Through:
Ms. Marylou Bilawala, Mr. Dharav Shah, Mr. Neil Datta, Mr. Shubham Saini, Mr. Ayan Roy and Ms. Rubeka Himayat, Advocates for R-1.
Ms. Nidhi Raman, CGSC with Mr.
Mayank Sansanwal and Mr. Om Ram, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Advocates for R-2.
+ CS(COMM) 1183/2024, I.A. 49520/2024 and I.A. 5020/2025 PHARMED LIMITED .....Plaintiff Through:
Ms. Lakshmidevi Somanath and Ms.
Kanishka Vaish, Advocates.
versus MEYER ORGANICS PRIVATE LIMITED & ORS.
.....Defendants Through:
Ms. Marylou Bilawala, Mr. Dharav Shah, Mr. Neil Datta, Mr. Shubham Saini, Mr. Ayan Roy and Ms. Rubeka Himayat, Advocates for D-1.
Mr. Abhijnana Jha, Advocate for D-2.
Ms. Bhagya Yadav and Mr. Pranav Tomar, Advocates for D-3.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
O R D E R
% 10.11.2025 I.A. No. 14514/2025 & I.A. No. 14517/2025 in CS(COMM) 1183/2024 1.
I.A. 14514/2025 is an Application filed on behalf of Defendant No. 2 under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking deletion of Defendant No. 2 from the present proceedings.
2.
I.A. 14517/2025 is an Application filed on behalf of Defendant No. 3 under Order I Rule 10 read with Section 151 of the CPC, seeking deletion of Defendant No. 3 from the present proceedings. 3.
The learned Counsel for the Plaintiff has no objection to the deletion of Defendant Nos. 2 and 3 as the Plaintiff has already entered into a Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
with Defendant No. 1, which is the main contesting Party. Consequently, it is submitted that Defendant Nos. 2 and 3 be deleted from the array of Parties. 4.
Accordingly, the present Applications are allowed and Defendant Nos. 2 and 3 are deleted from the array of Parties. 5.
The present Applications stand disposed of.
CS(COMM) 1183/2024 6.
The learned Counsel for the Plaintiff submit that the Plaintiff and Defendant No. 1 have entered into a Settlement Agreement dated 26.08.2025 ("Settlement Agreement"), which is placed on record by the Delhi High Court Mediation and Conciliation Centre and that the Suit may be decreed in terms of the Settlement Agreement.
7.
It is directed that the Plaintiff and Defendant No. 1 shall be bound by the Terms of the Settlement Agreement dated 26.08.2025. 8.
The Suit is hereby decreed against Defendant No. 1 in terms of the Settlement Agreement. Let the Decree Sheet be drawn up in terms of the said Settlement Agreement dated 26.08.2025.
9.
The Suit and all pending Applications stand disposed of. C.O. (COMM.IPD-TM) 256/2024 & C.O. (COMM.IPD-TM) 257/2024 10.
These are Rectification Petitions filed on behalf of the Petitioner under Sections 9, 47 and 57 of the Trade Marks Act, 1999, read with Rule 7 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 and Section 151 of the CPC for cancellation of the Registration Nos. 4958736 in Class 30 and 4958735 in Class 5 respectively for the Mark 'ULTRA MgD' registered in the name of Respondent No. 1.
11.
The Petitioner and Respondent No. 1 have entered into the Settlement Agreement dated 26.08.2025 in CS(COMM) 1183/2024 ("Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Agreement").
12.
Clause 6 of the Settlement Agreement provides that Respondent No. 1 shall apply for cancellation of Trade Mark Registrations for the Mark 'ULTRA MgD' bearing Registration Nos. 4958735 and 4958736 in Classes 5 and 30 respectively, within seven days from the date of signing of the Settlement Agreement.
13.
The learned Counsel for the Petitioner further submits that in view of the Settlement Agreement, the present Rectification Petitions may be disposed of in terms of the Settlement Agreement. 14.
Accordingly, the present Rectification Petitions are disposed of in terms of the Settlement Agreement. All pending Applications also stand disposed of.
TEJAS KARIA, J NOVEMBER 10, 2025 ap The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.