Bayer Corporation & Anr vs Cipla Ltd on 15 September, 2023

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Delhi High Court

Bayer Corporation & Anr vs Cipla Ltd on 15 September, 2023

Bench: C.Hari Shankar

                $~5
                *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                +        CS(COMM) 959/2016, CC(COMM) 20/2017 (w/s and
                         replication on record), I.A. 11437/2018 (substitution of
                         defendants witness DW-2), I.A. 3529/2020 (for permission to
                         cross examine) and

                         BAYER CORPORATION & ANR                  ..... Plaintiffs
                                     Through: Mr. Sanjay Kumar, Ms. Arpita
                                     Sawhney, Mr. Arun Kumar Jana, Ms.
                                     Meenal Khurana, Mr. Harshit Dixit and Mr.
                                     Priyansh Sharma, Advs.

                                             versus

                         CIPLA LTD                                      ..... Defendant
                                             Through:    Mr. Lakshay Kaushik, Adv.
                         CORAM:
                         HON'BLE MR. JUSTICE C.HARI SHANKAR
                                        JUDGMENT (ORAL)

% 15.09.2023 (Through Video-Conferencing) I.A. 6414/2023 (Order XXIII Rule 3 of the CPC) in CS(COMM) 959/2016

1. The disputes between the parties stand settled, vide Settlement Agreement dated 19 August 2021, which has been placed on record in a sealed cover as it contains confidential data.

2. This joint application has been filed by the parties for decreeing the suit in terms of the aforesaid Settlement Agreement. The terms of settlement envisaged withdrawal, by the plaintiffs, of the present suit CS(COMM) 959/2016 and withdrawal, by the defendant, of counter-

Signature Not Verified

claim CC(COMM) 20/2017.

Digitally Signed

By:HARIOM CS(COMM) 959/2016 page 2 of 2 Signing Date:20.09.2023 17:26:56

3. Both sides seek that the suit may be decreed in accordance with the terms of Settlement Agreement by which learned Counsel undertake that their clients shall remain abide. As such, nothing survives for consideration in the present suit.

4. The suit stands decreed in terms of the Settlement Agreement. Let a decree-sheet be drawn up by the Registry accordingly.

5. The court has pursued the terms of settlement and find them to be lawful.

6. The plaintiffs shall be entitled to refund 50% of the court fee, if deposited by them.

7. Miscellaneous applications do not survive for consideration and stand disposed of.

C.HARI SHANKAR, J SEPTEMBER 15, 2023 rb Signature Not Verified Digitally Signed By:HARIOM CS(COMM) 959/2016 page 2 of 2 Signing Date:20.09.2023 17:26:56

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Delhi High Court