C/CS/1/2005 ORDER DATED: 12/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL SUITS NO. 1 of 2005 With CIVIL APPLICATION (OJ) NO. 1 of 2011 In R/CIVIL SUITS NO. 1 of 2005 With CIVIL APPLICATION (OJ) NO. 4 of 2010 In R/CIVIL SUITS NO. 1 of 2005 ========================================================== RAJNIKANT DEVIDAS SHROFF & ANR. Versus PHARMA CHEM & ORS. ========================================================== Appearance: MR MANAV A MEHTA(3246) for the Defendant(s) No. 1,2,3,4,5,6 MR BH CHHATRAPATI(223) for the Plaintiff(s) No. 2 SINGHI & CO(2725) for the Plaintiff(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT Date : 12/11/2025 ORAL ORDER 1. The suit is filed against the Defendants alleging infringement of Plaintiff No. 1’s Patent bearing no. 172459. On account of counter claim filed seeking revocation of the said patent, the suit was transferred to this Court. 2. Along with the Plaint, the Plaintiffs had also preferred application seeking interim injunction against the Defendants restraining them for infringing patent of the Plaintiff No. 1. This Court by an interim order dated 02.02.2009 restrained the C/CS/1/2005 ORDER DATED: 12/11/2025 Defendants from infringing the Plaintiffs patent. The said order was confirmed in O. J. Appeal No. 12 of 2009 by the Division Bench. 3. Feeling aggrieved by the said orders, the Defendants filed Special Leave to Appeal (Civil) No. 10571 of 2009 before the Hon’ble Supreme Court of India wherein, by an order dated 13.05.2009 the operation and implementation of the interim orders passed by this Court were suspended on a condition of the Defendants depositing Rs. 50 lacs with Registry of the Supreme Court within four weeks. Subsequently, such amount along with accrued interest thereon was ordered to be transferred to the Registry of this Court. Accordingly, such amount is now lying with Registry of this Court. 4. During the pendency of the suit, parties to present proceedings have arrived at a settlement and have drawn a settlement agreement recording terms of the settlement. The said settlement agreement is signed by the Plaintiff and all the existing partners of the Defendant’s partnership firm. . 5. It is jointly submitted by Advocates representing the respective parties that the settlement agreement may be taken on record of the proceedings and the suit may be disposed of C/CS/1/2005 ORDER DATED: 12/11/2025 in terms of the settlement agreement. 6. Considering joint request of the Advocates appearing for the parties to present proceedings, the following order is passed: (a) Consent terms are taken on record; (b) The parties are directed to adhere to the consent terms; (c) The Defendants are permitted to withdraw amount of Rs. 50,00,000/- alongwith interest accrued thereon lying with Registry of this Court transferred pursuant to order dated 13.05.2009 passed by the Hon’ble Supreme Court and the Registry is directed to needful; (d) Considering the fact that the suit is not finally heard, the Registry is directed to refund permissible Court fees to the Plaintiff; (e) In accordance with the consent terms, the Plaintiff is permitted to withdraw Civil Suit No. 1 of 2005 pending before this Court; C/CS/1/2005 ORDER DATED: 12/11/2025 7. In view of what is recorded earlier, the Plaintiff is permitted to withdraw suit. 8. No order as to cost. 9. Accordingly, Civil Applications also stands disposed of. (MAUNA M. BHATT,J) SHIVANI SHUKLA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHIVANI SHUKLA(HC02350), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 12/11/2025 15:49:50