Astrazeneca Ab & ANR v. T Rao & ANR
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 792/2018 ASTRAZENECA AB & ANR .....Plaintiffs Through:
Mr. Pravin Anand, Ms. Vaishali R Mittal, Mr. Siddhant Chamola, Mr.
Shivang Sharma and Mr. Gursimran Singh, Advs.
versus T RAO & ANR .....Defendants Through:
Mr. Siddhant Goel, Adv. for defendants.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 15.05.2025 I.A. 12450/2025 (Order XXIII Rule 3 of the CPC) 1.
This is a joint application under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908 (CPC) filed on behalf of the plaintiffs and the defendants seeking a consent decree based on the terms of settlement as mentioned in paragraph 4 of the present application, which is reproduced as under:- "a) The Plaintiffs agree to the disposal of the present lawsuit, CS (COMM) 792 of 2018 and all applications connected filed therewith. b) The Defendants further agree to withdraw the Counter Claims CC(COMM)-24/2019, CC(COMM)-25/2019, CC(COMM)-26/2019 pending before this Hon'ble Court.
c) The Parties agree that the Settlement Agreement constitutes full and final settlement of the present suit as well as full and final settlement of any claim or allegation by the Plaintiffs arising out of manufacture, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CS(COMM) 792/2018 Page 1 of 3
import, marketing, use, sale, offer for sale, supply or other exploitation of ticagrelor products or any other product which is the subject matter of suit patents either by the Defendants or any person acting through or under the Defendants.
d) The Parties hereto state that they have no further claims or demands against each other and all the disputes and differences in this regard have been amicably settled.
e) The Parties further agree that they shall abide by the terms and conditions set out in the Settlement Agreement and shall not dispute the same hereinafter in future either themselves, or through any third parties."
2.
The present application is duly supported by affidavits of the authorized representatives of the plaintiffs and the defendants. 3.
Learned counsels of the parties confirm the terms of the settlement and identify the signatures of their respective clients and pray that the suit be decreed in the aforesaid terms as mentioned in paragraph 4 of the present application.
4.
This Court has perused the terms of settlement as recorded inter-se the plaintiffs and the defendants and finds them to be lawful. 5.
In view thereof, the present application is allowed and disposed of. CS(COMM) 792/2018 & I.A. 8392/2024 6.
The learned counsel appearing for the plaintiffs, in view of the settlement entered inter-se the plaintiffs and the defendants and order passed in I.A. 12450/2025 today, prays that since the dispute inter-se them have been settled, the present suit be decreed in the terms of aforesaid settlement as mentioned in paragraph 4 of the application bearing no. I.A.12450/2025.
7.
Accordingly, the present suit is decreed in terms of the settlement as recorded in paragraph 4 of the application bearing no. I.A.12450/2025, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CS(COMM) 792/2018 Page 2 of 3
which are reproduced hereinabove.
8.
Needless to mention that the plaintiffs and the defendants shall remain bound by the terms of settlement as recorded in paragraph 4 of the application bearing no.
I.A.12450/2025 which are reproduced hereinabove.
9.
Needless to mention, the aforesaid terms as mentioned in paragraph 4 of the application bearing no. I.A.12450/2025, shall form a part of the decree sheet.
10.
Registry is directed to draw up Decree sheet accordingly. 11.
Accordingly, in view of the above, the present suit alongwith pending applications stands disposed of.
12.
The date already fixed stands cancelled.
CC(COMM) 24/2019, CC(COMM) 25/2019, CC(COMM) 26/2019 13.
Learned counsel appearing for the defendants submits that in view of paragraph 4 (b) of I.A.12450/2025 which is reproduced hereinabove, he seeks leave to withdraw the present counter claims. 14.
Accordingly, the counter claims are dismissed as withdrawn. SAURABH BANERJEE, J MAY 15, 2025/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CS(COMM) 792/2018 Page 3 of 3