Delhi High Court - Orders
Boehringer Ingelheim International ... vs Mr X Trading As Messrs Amar Medical Store ... on 9 February, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 477/2022
BOEHRINGER INGELHEIM INTERNATIONAL GMBH
.....Plaintiff
Through: Ms. Prakriti Varshney, Advocate.
versus
MR X TRADING AS MESSRS AMAR MEDICAL STORE & ORS.
.....Defendants
Through: Mr. Amit Upadhyay, Mr. Akash Gupta,
Mr. Vivek Kumar, Mr. Vikrant Bhaker,
Advocates for D-5, 6 and 7.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 09.02.2026 I.A. 3501/2026, I.A. 3502/2026 & I.A. 3503/2026 (u/O XXIII Rule 3 joint application on behalf of plaintiff and defendant nos. 5, 6 and 7 respectively)
1. These are applications under Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 jointly filed on behalf of the plaintiff and defendant nos. 5, 6, and 7 individually.
2. Learned counsel for the parties submit that the inter-se disputes have been resolved amicably and terms of thereof have been reduced into writing and are enumerated under para 5 onwards in I.A. 3501/2026 as also para 8 of I.A. 3502/2026 and I.A. 3503/2026.
3. This Court has perused the applications as also the terms of Settlement, for the purpose of convenience, para 5 of I.A. 3501/2026, para 8 of I.A. 3502/2026 and para 8 of I.A. 3503/2026 are reproduced hereunder:
"I.A. 3501/20265. During the pendency of the present suit, the Defendant No. 5 CS(COMM) 477/2022 Page 1 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 has approached the Plaintiff for an amicable settlement. Accordingly, the Plaintiff and the Defendant No. 5 (which shall include proprietors, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representatives, and assigns (with the exception of those who are defendants in the proceedings themselves) have arrived at a settlement on the terms and conditions set out below:
A. The Defendant No; 5 acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO GLYXAMBI formative marks as well as its trade dress/packaging as given in Paragraphs 15, 18and 21 of the Plaint. The Defendant No.5 also acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the copyrights in the artistic works in the Plaintiff packaging and logos . The Defendant No.5 further undertakes to this Hon'ble Court that the Defendant No.5 shall not challenge the aforesaid trade marks and copyrights of the Plaintiff, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal and/or Statutory Body, on any ground(s) whatsoever.
B. The Defendant No.5 further acknowledges the intellectual property rights, fame and reputation of the Plaintiff in its earlier trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI formative marks and trade dress/packaging associated with the Plaintiff's products. The Defendant No.5 undertakes to this Hon'ble Court never to challenge the Plaintiff's rights at any time in the future, on any ground whatsoever;
C. The Defendant No.5 affirms that the Defendant No.5 has never manufactured and will refrain from manufacturing/ procuring/selling any counterfeit products under the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI, and undertakes that it shall refrain from / procuring/ sale of any counterfeit products under the said marks;CS(COMM) 477/2022 Page 2 of 12
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 D. The Defendant No.5 undertakes to this Hon'ble Court that the Defendant No.5 has not reproduced, printed, published or imitated material form the labels/ packaging as mentioned in Paragraph Nos. 15, 18,21 and 24 of the Plaint, the copyrights of which vest with the Plaintiff, and affirms that he will refrain from doing such acts in future which would amount to infringement of the Plaintiff s copyrights in the said works;
E. The Defendant No.5 affirms that the Defendant No.5 has recalled all finished and/or unfinished counterfeit products, marketing, promotional and advertising materials that bear or incorporate, or have reference to the earlier trade marks including, but not limited to, JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI and/or the trade dress of the Plaintiff, and/or to any other mark which is identical or deceptively and confusingly similar to the Plaintiff s trade marks and trade dress;
F. The Defendant No.5 affirms before this Hon'ble Court that the Defendant No. 5 has disclosed all information pertaining to the manufacture/ procurement/ sale of the counterfeit products under the marks JARDIANCE, JARDIANCE MET, TRAJENT A DUO, GLYXAMBI, to the Plaintiff and undertakes to co-operate with the Plaintiff in identifying the source of the counterfeit products of the Plaintiff in future to the best of its ability. In case it is found by the Plaintiff in future that the Defendant No. 5 has participated in any other transaction pertaining to the procurement/ purchase/ manufacture or sale of the aforementioned counterfeit products which has not been disclosed to the Plaintiff as on date of this application, the Plaintiff as on date of this application, the Plaintiff reserves its right to take further action against the Defendant No.5 under law;
G. The Defendant No.5 agrees and undertakes to pay to the Plaintiff a sum of INR 5,00,000/- as part of litigation costs, which will be paid, in full, prior to the recording of the present settlement before this Hon'ble Court;
H. The Defendant No.5 agrees that, in case of breach of any term of the present Settlement Application, as agreed herein, the Plaintiff shall be at liberty to initiate CS(COMM) 477/2022 Page 3 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 any and all appropriate action, and will also be entitled to claim damages including liquidated damages from the Defendant No.5, without prejudice to any and all other claims that the Plaintiff may have against the Defendant No. 5 in law including, but not limited to, filing a petition for contempt.
I. The Defendant No.5 undertakes to suffer a decree of permanent and mandatory injunction in terms of the settlement above;
J. In view of the above undertakings given by the Defendant No.5 to this Hon'ble Court, the Plaintiff agrees to forego the claim for damages in the present suit;I.A. 3502/2026
8. During the pendency of the present suit, the Defendant No. 6 has approached the Plaintiff for an amicable settlement.
Accordingly, the Plaintiff and the Defendant No.6 (which shall include proprietors, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representatives, and assigns (with the exception of those who are defendants in the proceedings themselves) have arrived at a settlement on the terms and conditions set out below:
A. The Defendant No.6 acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI formative marks as well as its trade dress/packaging as given in Paragraphs 15, 18and 21 of the Plaint. The Defendant No.6 also acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the copyrights in the artistic works in the Plaintiff s packaging and logos the Defendant No.6 further undertakes to this Hon'ble Court that the Defendant No.6 shall not challenge the aforesaid trade marks and copyrights of the Plaintiff, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal and/or Statutory Body, on any ground(s) whatsoever.
B. The Defendant No.6 further acknowledges the intellectual property rights, fame and reputation of the CS(COMM) 477/2022 Page 4 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 Plaintiff in its earlier trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI formative marks and trade dress/packaging associated with the Plaintiff s products. The Defendant No.6 undertakes to this Hon'ble Court never to challenge the Plaintiff s rights at any time in the future, on any ground whatsoever;
C. The Defendant No.6 affirms that the Defendant No.6 has never manufactured and will refrain from manufacturing/ procuring/selling any counterfeit product under the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI and undertakes that it shall refrain from/ procuring/ sale of any counterfeit products under the said marks;
D. The Defendant No.6 undertakes to this Hon'ble Court that the Defendant No.6 has not reproduced, printed, published or imitated material form the labels/ packaging as mentioned in Paragraph Nos. 15, 18, 21 and 24 of the Plaint, the copyrights of which vest with the Plaintiff, and affirms that he will refrain from doing such acts in future which would amount to infringement of the Plaintiff's copyrights in the said works;
E. The Defendant No.6 affirms that the Defendant No.6 has recalled all finished and/or unfinished counterfeit products, marketing, promotional and advertising materials that bear or incorporate, or have reference to the earlier trade marks including, but not limited to, JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI and/or the trade dress of the Plaintiff, and/or to any other mark which is identical or deceptively and confusingly similar to the Plaintiff's trade marks and trade dress;
"
F. The Defendant No.6 affirms before this Hon'ble Court that the Defendant No. 6 has disclosed all information pertaining to the manufacture/ procurement/ sale of the counterfeit products under the marks JARDIANCE, JARDIANCE MET, TRAJENT A DUO, GLYXAMBI, to the Plaintiff and undertakes to co-operate with the Plaintiff in identifying the source of the counterfeit products of CS(COMM) 477/2022 Page 5 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 the Plaintiff in future to the best of its ability. In case it is found by the Plaintiff in future that the Defendant No. 6 has participated in any other transaction pertaining to the procurement! Purchase/ manufacture or sale of the aforementioned counterfeit products which has not been disclosed to the Plaintiff as on date of this application, the Plaintiff reserves its right to take further action against the Defendant No.6 under law;
G. The Defendant No.6 agrees and undertakes to pay to the Plaintiff a sum of INR 5,00,000/- as part of litigation costs, which will be paid, in full, prior to the recording of the present settlement before this Hon'ble Court;
H. The Defendant No.6 agrees that, in case of breach of any term of the present Settlement Application, as agreed herein, the Plaintiff shall be at liberty to initiate any and all appropriate action, and will also be entitled to claim damages including liquidated damages from the Defendant No.6, without prejudice to any and all other claims that the Plaintiff may have against the Defendant No. 6 in law including, but not limited to, filing a petition for contempt.
I. The Defendant No.6 undertakes to suffer a decree of permanent and mandatory injunction in terms of the settlement above;
J. In view of the above undertakings given by the Defendant No.6 to this Hon'ble Court, the Plaintiff agrees to forego the claim for damages in the present suit;
I.A. 3503/20268. During the pendency of the present suit, the Defendant No. 7 has approached the Plaintiff for an amicable settlement. Accordingly, the Plaintiff and the Defendant No.7 (which shall include proprietors, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representatives, and assigns (with the exception of those who are defendants in the proceedings themselves) have arrived at a settlement on the terms and conditions set out below:
A. The Defendant NO.7 acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the trade CS(COMM) 477/2022 Page 6 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI formative marks as well as its trade dress/packaging as given in Paragraphs 15,18 and 21 of the Plaint. The Defendant No.7 also acknowledges the Plaintiff to be the exclusive owner and lawful proprietor of the copyrights in the artistic works in the Plaintiff's packaging and logos . The Defendant No.7 further undertakes to this Hon'ble Court that the Defendant No. 7 shall not challenge the aforesaid trade marks and copyrights of the Plaintiff, either directly or indirectly, at any time in the future, before any Hon'ble Court, Tribunal and/or Statutory Body, on any ground(s) whatsoever.
B. The Defendant No.7 further acknowledges the intellectual property rights, fame and reputation of the Plaintiff in its earlier trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI formative marks and trade dress/packaging associated with the Plaintiff s products. The Defendant No.7 undertakes to this Hon'ble Court never to challenge the Plaintiff s rights at any time in the future, on any ground whatsoever;
C. The Defendant No.7 affirms that the Defendant No.6 has never manufactured and will refrain from manufacturing/ procuring/selling any counterfeit product under the trade marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI and undertakes that it shall refrain from/ procuring/ sale of any counterfeit products under the said marks;
D. The Defendant No.7 undertakes to this Hon'ble Court that the Defendant No.7 has not reproduced, printed, published or imitated material form the labels/ packaging as mentioned in Paragraph Nos. 15, 18, 21 and 24 of the Plaint, the copyrights of which vest with the Plaintiff, and affirms that he will refrain from doing such acts in future which would amount to infringement of the Plaintiff's copyrights in the said works;
E. The Defendant No.7 affirms that the Defendant No.7 has recalled all finished and/or unfinished counterfeit CS(COMM) 477/2022 Page 7 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 products, marketing, promotional and advertising materials that bear or incorporate, or have reference to the earlier trade marks including, but not limited to, JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI and/or the trade dress of the Plaintiff, and/or to any other mark which is identical or deceptively and confusingly similar to the Plaintiff s trade marks and trade dress;
F. The Defendant No.7 affirms before this Hon'ble Court that the Defendant No. 7 has disclosed all information pertaining to the manufacture/ procurement/ sale of the counterfeit products under the marks JARDIANCE, JARDIANCE MET, TRAJENTA DUO, GLYXAMBI, to the Plaintiff and undertakes to co-operate with the Plaintiff in identifying the source of the counterfeit products of the Plaintiff in future to the best of its ability. In case it is found by the Plaintiff in future that the Defendant No. 7 has participated in any other transaction pertaining to the procurement/ purchase/ manufacture or sale of the aforementioned counterfeit products which has not been disclosed to the Plaintiff as on date of this application, the Plaintiff reserves its right to take further action against the Defendant No.7 under law;
G. The Defendant No.7 agrees and undertakes to pay to the Plaintiff a sum of INR 6,00,000/- as part of litigation costs, which will be paid, in full, prior to the recording of the present settlement before this Hon'ble Court;
G. The Defendant No.7 agrees and undertakes to pay to the Plaintiff a sum of INR 6,00,000/- as part of litigation costs, which will be paid, in full, prior to the recording of the present settlement before this Hon'ble Court;
H. The Defendant No. 7 agrees that, in case of breach of any term of the present Settlement Application, as agreed herein, the Plaintiff shall be at liberty to initiate any and all appropriate action, and will also be entitled to claim damages including liquidated damages from the Defendant No.7, without prejudice to any and all other claims that the Plaintiff may have against the Defendant No.7 in law including, but not limited to, filing a petition for contempt.
I. The Defendant No. 7 undertakes to suffer a decree of CS(COMM) 477/2022 Page 8 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 permanent and mandatory injunction in terms of the settlement above;
J. In view of the above undertakings given by the Defendant No.7 to this Hon'ble Court, the Plaintiff agrees to forego the claim for damages in the present suit;
4. It is also appropriate to reproduce paras 6 to 10 of I.A. 3501/2026 as also paras 9 to 13 of I.A. 3502/2026 and paras 9 to 13 of I.A. 3503/2026 are reproduced hereunder:"I.A. 3501/2026
6. That the present application shall dispose of the disputes between the parties thereto with respect to the present suit and the parties shall remain bound by the terms of the present agreement.
7. The present settlement application is signed by Sujeet Kumar on behalf of the Plaintiff. Copy of authorization in favor of Sujeet Kumar from the Plaintiff already forms part of records of this Hon'ble Court.
8. The present settlement application is signed by Sh. Laxmi Lal Jain S/o Sh. Bhawar Lal Jain and Sh. Sharanabasavesh S. Gadgimath S/o sh. Suresh Gadgimath, both Partners of M/s Mahalaxmi Associates, on behalf of the Defendant No.5.
9. The Plaintiff and the Defendant No.5 agree that all the terms and conditions laid out in the present Settlement Application are fair and reasonable and have been entered into with a full appreciation of its various clauses and implications.
10. The Defendant No.5 hereby agrees before this Hon'ble Court that the present settlement shall be binding on all their proprietor, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representative, and assigns and all others acting on their behalf for all time to come (with the exception of those who are defendants in the proceedings themselves)) CS(COMM) 477/2022 Page 9 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 I.A. 3502/2026
9. That the present application shall dispose of the disputes between the parties thereto with respect to the present suit and the parties shall remain bound by the terms of the present agreement.
10. The present settlement application is signed by Sujeet Kumar on behalf of the Plaintiff. Copy of authorization in favor of Sujeet Kumar from the Plaintiff already forms part of records of this Hon'ble Court.
11. The present settlement application is signed by Sh. Manikandan S/o Sh. Kaliappan, Proprietor of M/s Yaashit Pharma, on behalf of the Defendant No.6.
12. The Plaintiff and the Defendant No.6 agree that all the terms and conditions laid out in the present Settlement Application are fair and reasonable and have been entered into with a full appreciation of its various clauses and implications.
13. The Defendant No.6 hereby agrees before this Hon'ble Court that the present settlement shall be binding on all their proprietors, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representatives, and assigns and all others acting on their behalf for all times to come (with the exception of those who are defendants in the proceedings themselves)).
I.A. 3502/20269. That the present application shall dispose of the disputes between the parties thereto with respect to the present suit and the parties shall remain bound by the terms of the present agreement.
10.The present settlement application is signed by Sujeet Kumar on behalf of the Plaintiff. Copy of authorization in favor of Sujeet Kumar from the Plaintiff already forms part of records of this Hon'ble Court.
11.The present settlement application is signed by Sh. Raj Kumar S/O Sh. Manohar, Proprietor of M/S Aaran Pharma, on behalf of Defendant No.7.
12.The Plaintiff and the Defendant No.7 agree that all the terms and conditions laid out in the present Settlement Application are CS(COMM) 477/2022 Page 10 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 fair and reasonable and have been entered into with a full appreciation of its various clauses and implications.
13. The Defendant No.7 hereby agrees before this Hon'ble Court that the present settlement shall be binding on all their proprietors, directors, sister concerns, sellers, retailers, subsequent dealers, employees (during course of employment), agents, affiliates, subsidiaries, franchisees, licensees, representatives, and assigns and all others acting on their behalf for all times to come (with the exception of those who are defendants in the proceedings themselves))."
5. Having perused the terms of Settlement, this Court finds them within confines of Order XXIII Rule 3 read with Section 151 of Code of Civil Procedure, 1908 and finds no impediment in decreeing the Suit qua defendant nos .5, 6 and 7.
6. Except for the litigation costs/damages being quantified differently for each of these defendants, the other terms of the Settlement are common to all the three defendants.
7. All the parties are bound by the terms of the Settlement Agreement.
8. Accordingly, the Suit is decreed qua defendant nos. 5, 6 and 7 in terms of the Settlement Agreement as extracted hereinabove.
9. Let the decree sheet be drawn up accordingly.
10. Suit qua defendant nos.5, 6 and 7 is decreed and disposed of alongwith all the pending applications.
CS(COMM) 477/2022
11. Ms. Prakriti Varshney, learned counsel for the plaintiff submits that the Suit now subsists only qua defendant no.4. She submits that the Settlement Agreement was executed between the plaintiff and defendant no.4 way back in the year 2024, however, though number of assurances have been tendered by defendant no.4, yet, the payments of damages/claims have not been tendered till date.
12. Issue notice without Court Fee to defendant no.4 as also to Mr. Aayush CS(COMM) 477/2022 Page 11 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43 B. Paranjpe, learned counsel for defendant no.4 to appear and assist on the next date of hearing.
13. List on the date fixed i.e. 24.02.226.
TUSHAR RAO GEDELA, J FEBRUARY 9, 2026 Sumit CS(COMM) 477/2022 Page 12 of 12 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/02/2026 at 20:36:43