ALKEM LABORATORIES LTD. v. M/S MARTIN AND BROWN BIOSCIENCES & ORS.
C.O. (COMM.IPD-TM)/114/2025 · 2026-09-07
Anup Jairam Bhambhani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6448 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6448 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C.O. (COMM.IPD-TM) 114/2025 & Conn. Page 1 of 4
$~25 & 36 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010289872025 + C.O. (COMM.IPD-TM) 114/2025, I.A. 12027/2025, I.A. 24265/2026
ALKEM LABORATORIES LTD.
.....Petitioner Through: Mr. Sagar Chandra, Ms. Mehek Dua, Advocates.
versus
MR. VINEET MAINI & ORS.
.....Respondents Through: Mr. Satish Kumar, Adv. for R-1&2. Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Ms. Monalisha Pradhan and Mr. Suman Ghosh, Advocates for UOI/R-4. # CNR No. DLHC010352732025 + CS(COMM) 559/2025, I.A. 13980/2025, I.A. 13981/2025
ALKEM LABORATORIES LTD.
.....Plaintiff Through: Mr. Sagar Chandra, Ms. Mehek Dua, Advocates.
versus
MARTIN AND BROWN BIOSCIENCES PVT. LTD. & ORS. .....Defendants Through: Mr. Satish Kumar, Adv. for defendats. Ms. Arunima Dwivedi, CGSC with Ms. Himanshi Singh, Ms. Monalisha Pradhan and Mr. Suman Ghosh, Advocates for UOI/R-4.
CORAM:
HON'BLE MR. JUSTICE A. J. BHAMBHANI
O R D E R %
07.09.2026 CS(COMM) 559/2025
Parties have settled the matter through mediation. 2. A copy of Settlement Agreement dated 27.07.2026 is on record, which comprises the terms of settlement. 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 15/09/2026 at 12:27:34
C.O. (COMM.IPD-TM) 114/2025 & Conn. Page 2 of 4
3. The plaintiff seeks a consent decree against defendants Nos. 1 to 3 (in terms of the amended memo of parties) as detailed in clause 20 of the settlement agreement. 4. Mr. Sagar Chandra, learned counsel appearing for the plaintiff and Mr. Satish Kumar, learned counsel for the defendants are present in court. They confirm and acknowledge that the parties have settled their inter-se disputes in the terms as contained in the settlement agreement; and the parties shall remain bound by such terms, as recorded in the settlement agreement. 5. In view of the obligations cast upon the defendants, the plaintiff has waived the entirety of its claim towards damages and costs. 6. The court has perused the terms of the settlement and is satisfied that the parties have settled the matter by way of a lawful agreement; and there is no impediment to decreeing the suit in terms of the settlement agreement. 7. Accordingly, the terms of settlement are taken on record. The parties are directed to remain bound by the said terms. 8. The defendants are directed to comply with the pending obligations as set-out in the settlement agreement within 02 weeks from today. 9. In view of the above, the suit is decreed in favour of the plaintiff and against the defendants. 10. The Registry is directed to draw-up a decree sheet. The terms of settlement shall form part of the decree. 11. The suit is disposed-of in the above terms. 12. Pending applications, if any, also stand disposed-of. 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 15/09/2026 at 12:27:34
C.O. (COMM.IPD-TM) 114/2025 & Conn. Page 3 of 4
13. Furthermore, as recorded in the settlement agreement, Mr.
Chandra seeks refund of the court-fee. 14. In view of the Court Fees (Delhi Amendment) Act, 2026 which came into effect on 06.03.2026, section 16-A of the Court Fees Act, 1870 (as was applicable to Delhi) has been omitted. Accordingly, section 16 of the Court-fees Act, 1870 would be applicable, which allows for refund of the entire amount of court fee affixed on the plaint. 15. Since, the parties have settled the matter through mediation, the oral prayer is allowed. 16. Accordingly, the Registry is directed to draw-up the requisite certificate in favour of the plaintiff for refund of the entire court fee affixed on the plaint within 2 weeks from today. C.O. (COMM.IPD-TM) 114/2025 I.A. 24265/2026 in C.O. (COMM.IPD-TM) 114/2025
17. By way of the present application filed under section 151 of the Code of Civil Procedure 1908, the applicant/petitioner seeks to bring the Settlement Agreement dated 27.07.2026 as filed in the suit bearing CS(COMM) No.559/2025 on record; and seeks a decree in terms of the Settlement Agreement, a copy of which is appended to the present application. 18. In view of the settlement arrived at between the parties vidé Settlement Agreement dated 27.07.2026, the suit bearing CS(COMM) No.559/2025 has been decreed in favour of the plaintiff. 19. In view of the same, learned counsel appearing for the petitioner submits, that the present rectification petition is required to be allowed by mutual consent of the parties; which would entail a 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 15/09/2026 at 12:27:34
C.O. (COMM.IPD-TM) 114/2025 & Conn. Page 4 of 4
direction to the learned Registrar of Trade Marks/respondent No.3 to cancel and expunge the impugned mark “SOMI-MB” bearing application No.5982177 dated 16.06.2023 in Class 5 from the register of trademarks. 20.
Learned counsel is present on behalf of respondents Nos. 1 and 2. In view of the settlement, they do not oppose the prayer made.
21. Accordingly, the present petition is allowed by consent of parties.
22. Respondent No.3 is directed to cancel and expunge the impugned trademark, as referred to above, within 04 weeks.
23. The application is disposed-of in the above terms.
24. In view of the above, the present petition is disposed-of.
25. Pending applications, if any, also stand disposed-of.
A. J. BHAMBHANI, J SEPTEMBER 7, 2026 V.Rawat
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 15/09/2026 at 12:27:34