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2020 DAILYLAW 1915 (DEL)

ASTRAZENECA AB & ANR. v. ERIS LIFESCIENCES LIMITED

CS(COMM)/418/2020 · 2026-07-22

Jyoti Singh

body2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 418/2020 $~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 418/2020 ASTRAZENECA AB & ANR. .....Plaintiffs Through: Mr. Pravin Anand, Ms. Vaishali Mittal, Mr. Siddhant Chamola, Mr. Shivang Sharma and Mr. Jitesh Prakash Gupta, Advocates. versus ERIS LIFESCIENCES LIMITED .....Defendant Through: Ms. Aeshita Marwah, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 22.07.2026 I.A. 18986/2026 1. This is a joint application by the Plaintiffs and Defendant under Order XXIII Rule 3 read with Section 151 CPC for recording settlement between the parties and withdrawal of the suit. 2. This suit was instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining infringement of Indian Patent No. 235625 and damages, rendition of accounts etc. in respect of Indian Patents No. 205147 and 235625. 3. Defendant has subsequently filed a Counter Claim being CC(COMM) 03/2021, which is also pending. However, during the pendency of the suit, the parties have arrived at settlement and terms are incorporated in paragraph 5 of the application. For ready reference, paragraph 5 is extracted hereunder:- 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 24/07/2026 at 12:10:38 CS(COMM) 418/2020 “5. In accordance with the terms of settlement of agreement, the Parties undertake as under – a) The Plaintiffs agree to the disposal of the present lawsuit, CS (COMM) 418 of 2020 and all applications connected filed therewith. b) The Defendant further agrees to withdraw their claim for invalidity in the Written Statement and the Counter claim CC(COMM)- 3/2021 pending before the Hon'ble Court. c) The Defendant further agrees to waive and not press for the costs of INR 5,00,000/- imposed in its favour in FAO(OS)(COMM) 156/2020 on 20 July 2021. The respective undertakings of the Parties are subject to a decree being passed in the suit, in the aforesaid terms.” 4. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is allowed and disposed of, recording the settlement between the parties. CS(COMM) 418/2020 5. In light of the settlement between the parties, the suit is decreed. The terms shall form part of the decree and bind the parties thereto. 6. Registry is directed to draw up the decree sheet. 7. Suit stands disposed of. 8. Plaintiffs are held entitled to refund of entire Court fees in accordance with the Court Fees Act, 1870. 9. Date of 11.09.2026 stands cancelled. JYOTI SINGH, J JULY 22, 2026/YA 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 24/07/2026 at 12:10:38