Upon receipt of consent terms lodged by counsel for plaintiffs and defendant stipulating a cessation of trade mark use and manufacture, the single judge decreed the suit upon the consent terms with no order as to costs and refund of court fees.
The suit was decreed in terms of the consent terms agreed upon by the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
4-NMSL-380-16-SL-72-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 380 OF 2016 IN
SUIT (L) NO. 72 OF 2016
Novartis AG & Anr. …Plaintiffs Versus M/s. S.P. Pharmaceuticals …Defendant
Mr. Venkatesh Dhond, i/b Mamta Jha, Ms. Janaki, Ms. Rashmi, Mr. Rishi and Mr. Ashutosh Kane, i/b W.S. Kane & Co., for the Plaintiffs.
Mr. Sandeep Rane, Authorised Representative of the Defendant.
CORAM : S.C. GUPTE, J. DATE : 9th February 2016
P.C. :
Representative of the Defendant who holds an authority of the
partners of the Defendant firm submit Consent Terms between the Plaintiffs and the Defendant. The Consent Terms are signed on behalf of the Plaintiffs by their authorised representative and also their Advocates and by the Authorised Signatory of the Defendant, who is present in person in Court. Consent Terms refer to the statement of
the Defendant that it has not commenced use of the impugned trade
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4-NMSL-380-16-SL-72-16.doc
mark VALGUS and/or patented compound Vildagliptin, both of which are the subject matter of the present suit. The Defendant undertakes not to use the said trade mark and manufacture and/or sell the patented compound in future. An affidavit of the Authorised Representative of the Defendant, confirming the fact that the Defendant has not manufactured and sold any tablet of Valgus-50 comprising of Vildagliptin and that the Defendant is going to surrender the subject licence of production of such tablets, is annexed to the Consent Terms. On the basis of these Consent Terms, the Plaintiffs pray for a decree in terms of prayer clauses (a), (b) and (c) of the Plaint.
identification. The statements and undertakings contained therein are accepted.
rules.
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S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
