Zydus Lifesciences Limited v. Unimed Technologies Limited, Part-A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL and C.M.P. No.13665 of 2022 in O.S.A. (CAD) No.126 of 2022 1.Zydus Lifesciences Limited (Formerly known as Cadila Healthcare Limited), Zydus Corporate Park, Scheme No.63, Survey No.536 Khoraj (Gandhinagar), Nr Vaishnodevi Circle, Ahmedabad, Gujarat - 382 481.

2.Zydus Healthcare Limited, Zydus Corporate Park, Scheme No.63, Survey No.536 Khoraj (Gandhinagar), Nr Vaishnodevi Circle, Ahmedabad, Gujarat - 382 481.

.. Appellants Vs 1.Unimed Technologies Limited, Part-A.

Dadha Nagar, Near Kowl Bazar, Pozhichalur, Pallavaram, Chennai - 74 rep. By its Constituted Attorney Mr.Srikant Nahata

2.Sun Pharmaceutical Industries Limited, CD Plot No.3, Door No.8, Old Tower Block Street, Nandhanam Extension, Chennai - 35 rep. By its Constituted Attorney Mr.P.Natesan 3.Sun Pharmaceutical Medicare Limited, SPARC, Tandalia, Vadodara, Vadodara GJ 390 012.

.. Respondents (Cause title accepted vide order dated 03.08.2022 made in C.M.P. No.12665 of 2022 in O.S.A. (CAD) SR. No.67335 of 2022) Appeal filed under Section 13 (1) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Order XXXVI Rules 1 and 9 of the Original Side Rules to set aside the judgment and decree dated 09.06.2022 passed in C.S. (Comm. Div.) No.822 of 2013. For Appellants :

Ms.Gladys Daniel along with Ms.J.Vennila Ms.T.Hemalatha Ms.Shalini For Respondents :

Mr.S.Diwakar

JUDGMENT

(Judgment of the Court was delivered by M.Sundar, J.) Captioned 'Original Side Appeal' (hereinafter 'OSA' for the sake of brevity) is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.

2. Ms.Gladys Daniel, learned counsel along with Ms.J.Vennila, Ms.T.Hemalatha and Ms.Shalini, learned counsel for 'two appellant companies (Zydus Lifesciences Limited {formerly known as Cadila Healthcare Limited} and Zydus Healthcare Limited)' which shall hereinafter be collectively referred to as 'Zydus' for the sake of convenience and clarity and Mr.S.Diwakar, learned counsel for 'three respondents (Unimed Technologies Limited, Sun Pharmaceutical Industries Limited and Sun Pharmaceutical Medicare Limited)', which shall hereinafter be collectively referred to as 'Unimed/Sun' for the sake of convenience and clarity are before this Court.

3. Mr.Hiren Trivedi, Manager - Legal of Zydus is before us on VC (video conferencing) platform. To be noted, Mr.Hiren Trivedi is backed by Board resolutions of both the appellant companies which

are being collectively referred to as Zydus and likewise, Mr.Rajamallaiah Cirumalla for the respondents i.e., Unimed/Sun is before us on VC (video conferencing) platform. To be noted, Mr.Rajamallaiah Cirumalla is backed by Board resolutions from all three respondent companies which are being collectively referred to as Unimed/Sun.

4. It is further to be noted, this is a hybrid hearing which is a regular/routine/daily feature in this Court. For abundant clarity, we deem it appropriate to write that Ms.Gladys Daniel and Mr.S.Diwakar are before us in physical Court and their respective clients are before us on VC (video conferencing) platform.

5. Both learned counsel, on instructions from litigants i.e., their respective clients submitted in one voice in unison that the captioned matter has now been settled by resorting to mediation and the terms of settlement have been reduced to writing vide a settlement agreement dated 30.08.2024 (hereinafter 'said settlement agreement' for the sake of brevity and convenience) and scanned reproduction of the said settlement agreement as placed before us together with aforementioned Board resolutions are as follows:

SETTLEMENT AGREEMENT DATED 30.08.2024:

BOARD RESOLUTIONS OF ZYDUS:

BOARD RESOLUTIONS OF UNIMED/SUN:

6. Aforementioned 'settlement agreement dated 30.08.2024' shall hereinafter be referred to as 'said settlement agreement'.

7. To be noted, said settlement agreement was shown to Mr.Hiren Trivedi and Mr.Rajamallaiah Cirumalla through camera and they confirmed that signatures appended therein are their signatures and both litigants and their respective counsel requested for a closure of the captioned appeal by making a judgment/order in terms of said settlement agreement.

8. Both the litigants and their respective counsel confirmed that the said settlement agreement was signed by both sides in the presence of each other and their respective counsel before the learned mediators and on this basis made a request for dispensing with personal/physical presence of aforementioned litigants {citing difficulties for them in being present physically in Court}. This common/joint request is acceded owing to nature of the matter, facts and circumstances and the kind of settlement that has been arrived at.

9. Both the learned counsel and their respective litigants confirmed that cost of Rs.5.5 lakhs has been paid by the appellants to R3 by wire transfer post said settlement agreement i.e., post 30.08.2024. This common submission made by both sides without any disputation or contestation is recorded.

10. In the light of the narrative thus far, captioned OSA is disposed of by making a judgment/order in terms of said settlement agreement dated 30.08.2024 which shall form part of the compromise/consent decree. Consequently, captioned CMP is disposed of as closed. There shall be no order as to costs. (M.S.J.) (R.S.V.J.) 03.09.2024 Index:Yes/No mmi To The Sub Assistant Registrar, Original Side, High Court, Madras.

M.SUNDAR, J., and R.SAKTHIVEL, J., mmi 03.09.2024