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High Court of DelhiCS(OS)/1728/2015

Sun Pharmaceutical Industries Limited v. Khandelwal Laboratories Pvt Ltd

2016-03-28Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1728/2015 SUN PHARMACEUTICAL INDUSTRIES LIMITED ..... Plaintiff Through:

K.K. Nangia, Advocate versus KHANDELWAL LABORATORIES PVT LTD ..... Defendant Through:

Prachi Gupta for D-1 Kuldip Kumar for D-2

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 28.03.2016 I.A. No.1716/2016 This application has been jointly moved by the parties to record their settlement under Order 23 Rule 3 CPC. The application is signed by the parties and their respective counsels. It is also supported by the affidavit of Hani Rizvi, the authorised signatory of the plaintiff, Hemant Kulbir Kumar Suri, Director of defendant no.2 and Satish Chand N Maheshwari, the authorised representative of defendant no.1.

The terms of the settlement appear to be fair, just and reasonable and I see no impediment in accepting the same. Accordingly, the suit is decreed as prayed for in terms of prayer 34(a), (b), (c) and (d). The parties are left to bear their respective costs.

At this stage, learned counsel for the defendant states that the defendant has no stock of the infringing goods and therefore there is nothing to be delivered in terms of prayer 34(d), aforesaid. VIPIN SANGHI, J MARCH 28, 2016 sr