Delhi High Court - Orders
Zydus Wellness Products Limited vs Cipla Health Ltd & Anr on 31 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 115/2023
ZYDUS WELLNESS PRODUCTS LIMITED .....Plaintiff
Through: Mr. G. Nataraj, Mr. Rahul Chaudhry
and Mr. Ayush Samaddar, Advocates
versus
CIPLA HEALTH LTD & ANR. .....Defendants
Through: Ms. Archana Sachdeva and Mr.
Harshit Bhoi, Advocates
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 31.10.2025 I.A. 26920/2025 (applications under Order XXIII Rule 3 CPC read with Section 151 CPC)
1. This is an application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 ('CPC') jointly filed by the Plaintiff and Defendant no. 1(who is the main contesting Defendant in the present suit).
2. The application is duly signed by the parties and is supported with their affidavit.
3. Learned counsels for the party's state that the terms and conditions of settlement are set out at paragraph nos. 5 to 13 of the captioned application.
4. The parties expressed their gratitude to the Mediator Mr. Darpan Wadhwa, Senior Advocate for assisting the parties in the settlement.
5. Learned counsels for the parties submit that the defendant no. 1 will be adopting a new packaging, which has been agreed between the parties Page 1 of 4 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 03/11/2025 at 23:20:10 and is annexed as document no. 3 in the captioned application.
6. The images in the document no. 3 are reproduced as under: -
7. Learned counsel for the parties pray for a decree in terms of Order Page 2 of 4 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 03/11/2025 at 23:20:10 XXIII Rule 3 of CPC.
8. This Court has heard the learned counsels of the parties and also perused the compromise/settlement entered between the Plaintiff and the Defendant no. 1, recorded at paragraph 5 to 13 of the captioned application. The Court is satisfied that the said compromise satisfies the requirements of Order XXIII Rule 3 of CPC. The compromise contained in the captioned application is lawful and therefore, there is no impediment in decreeing the suit in terms of the settlement arrived at between the parties.
9. The Statements and undertaking given by the parties are accepted by this Court and the parties are held bound by the same.
10. Consequently, the application is allowed and the captioned suit is decreed qua in favour of the plaintiff and against the defendant no. 1 in terms of paragraph 5 to 13 of the captioned application.
11. The Registry of this Court is directed to prepare a decree in terms of this order. The memorandum of settlement, set out at paragraph 5 to 13 of the captioned application as well as document no. 3 shall form part of the decree.
12. The application stands disposed of.
13. Interim orders, if any, stand merged into the final decree.
14. Pending applications are disposed of.
15. Future dates stand cancelled.
Refund of court fee
16. Learned counsel for the Plaintiff states that in view of the compromise recorded between the parties and the early disposal of the suit, the Plaintiff prays for a partial refund of the court fee deposited.
17. Keeping in view the aforesaid facts, the Registry is directed to refund Page 3 of 4 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 03/11/2025 at 23:20:10 50% Court Fee in favour of the Plaintiff within four (4) weeks, in accordance with law. The said direction has been passed having regard to Section 16 and 16 A of the Court Fees Act, 1870 (as applicable to Delhi).
18. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J OCTOBER 31, 2025/rhc/IB Page 4 of 4 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 03/11/2025 at 23:20:10