ALKEM LABORATORIES LTD Vs. EVANS BIOTEC & ORS
LAWS(DLH)-2016-8-475
HIGH COURT OF DELHI
Decided on August 24,2016

ALKEM LABORATORIES LTD Appellant
VERSUS
Evans Biotec And Ors Respondents

JUDGEMENT

- (1.)I.A. 10208/2016 (by the plaintiff under Section 151 CPC)
1. The present application has been filed by the plaintiff stating inter alia that pursuant to the parties being referred to the Delhi High Court Mediation and Conciliation Centre, they have been able to arrive at a settlement as recorded in the Settlement Agreement dated 26.05.2016.

(2.)The Settlement Agreement dated 26.05.2016 is on record. The terms and conditions of the settlement arrived at between the parties have been set out in para 6 thereof, whereunder the defendants have acknowledged the statutory rights of the plaintiff in its trademark, "RACE", "RACE" family of marks, "RACE" logo and "RACE" trade dress and have undertaken not to use, manufacture, sell, offer for sale, advertise etc. any pharmaceutical preparation or any allied/cognate goods with the aforesaid trademark that may amount to infringement/dilution of the plaintiff's registered trademark. The remaining undertakings given by the defendants have been set out in sub-paras (c) to (f) of para 6 of the Settlement Agreement. The defendants have also agreed to destroy all the material in their possession bearing the impugned trademark and undertaken that if they were found violating the terms and conditions of the settlement, then they shall pay a sum of Rs.5 lacs to the plaintiff as liquidated damages. The token costs of Rs.25,000/- has already been paid by the defendants to the plaintiff.
(3.)In consideration of the undertakings given by the defendants, the plaintiff has agreed to give up the claim of rendition of accounts and damages against the defendants. Accordingly, both the parties state that the present suit may be decreed in favour of the plaintiff and against the defendants in terms of the relief prayed for in para 19(i) to (iv) of the plaint as also the terms and conditions recorded in the Settlement Agreement.


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