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High Court of DelhiCS(OS)/2433/2013

Bayer Intellectual Property Gmbh & Nar v. Msn Laboratories Pvt Ltd

2017-12-22Hon'Ble Mr. Justice Manmohan2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2433/2013 & I.A.Nos.19730/2013, 4660-4661/2014 BAYER INTELLECTUAL PROPERTY GMBH & ANR ..... Plaintiffs Through Mr.Nischal Anand with MrSanchith Shivakumar, Advocates.

versus MSN LABORATORIES PVT LTD ..... Defendant Through Ms.Rajeshwari H. with Mr.Kumar Chitranshu, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.12.2017 I.A.No.15622/2017 Today in Court learned counsel for the parties have handed over a joint compromise application dated 22nd December, 2017. Present joint compromise application has been filed under Order XXIII Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiffs and the defendant as well as by the parties to the litigation. Present application is also supported by the affidavits of the plaintiffs and the defendant. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present application.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the terms mentioned in the present compromise application.

The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same. This Court has also perused the present compromise application and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with prayer 28(a) of the plaint as well as the terms mentioned in the present compromise application, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly. With the aforesaid observations, present application is allowed and the suit along with pending applications stands disposed of. The interim order dated 11th December, 2013 stands vacated. MANMOHAN, J DECEMBER 22, 2017 KA