NOVARTIS AG Vs. NOVAEGIS (INDIA) PRIVATE LIMITED

JUDGEMENT

(1.) CS(COMM) 86/2023 and I.A. 3659/2023 : The plaintiff, in the present suit, alleged infringement, by the defendant, of the registered trademark of the plaintiff by use of the defendant's .

(2.) By order dtd. 20/2/2023, ad interim interlocutory reliefs were granted by this Court. While issuing summons in the suit and notice in the application filed by the plaintiff in I.A. 3130/2023 filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

(3.) Subsequently, the parties have arrived at an amicable resolution of the dispute between them. They have placed on record an undertaking dtd. 24/2/2023, signed by Mr. Chauhan Mohmad Moshin, director of the defendant, whereby the defendant has agreed to suffer a decree of injunction in terms of prayers b to d in para 47 of the plaint and to undertake as under: