Sr. No. Date Orders + 07.02.2002. Present: Ms. Binny Kalra for the plaintiffs. Mr. Mahendra Pal with Mr . Gagan Chhabra for the defendants. ^ I.A .1323/2002. This is an . application filed by the plaintiffs seeking for amendment of the plaint, on the ground that during the pendency of the suit the plaintiff No.l has merged with- Glako India Limited to form a Company, namely Glaxo . ' SmithKline Pharmaceuticals Limited. n ^ I have heard the learned counsel appearino for the parties and also perused the averments made in the application. . ' n For the'reasons stated-in the application , the application seeking for substitution of the , s. plaintiff No.l with the applicant as plaintiff No.l and amendment of the plaint is allowed'. ' ' . The- plaintiffs need not file any .amended' plaint as the amended memo of n parties has been filed. Application stands disposed of. n - S.No.834/2001 & I.A.1322/2002 . " The present, suit n is filed by ' the plaintiffs seeking for a decree pf permanent injunction restraining the 'defendants, - their servants and agents: from -infringing the trademark MQIP(PLU)MRND—2391HC—05'-08-2C00. Digitally Signed By:AMULYA Signature Not Verified H.C.D.—r-t<a) Continuation Sheet Sr. No. - Date Orders and copyright of- the- plaintiffs and also for n restraining passing off and also.for a decree of •rendition of accounts of profits and delivery of the .goods of the defendants to the plaintiffs. During, the pendency of the suit, the parties have arrived-at an amicable settlement out of Court and in terms thereof an application . has been filed in this Court which is registered as I .'A .No. 1322/2002. -The said application is filed under the pro.visions of Order' XXIII Rule 3 CPC n and the same incorporates the terms and conditions of settlement between the parties. I have -perused the- contents of the said application and I. am satisfied that - the said application is filed ' bona fide. The . said application is also accompanied by af-fidavits filed on behalf of both the parties which are on record. I On behalf of the plaintiffs, an affidavit has been filed by Shri K.K.Master, the Constituted Attorney of the plaintiff No.1 and on behalf of the plaintiff No.2, Shri Debjit Gupta has also filed such an affidavit. On behalf of the defendants, Shri Viren J.Parekh, who is the defendant No.1 and also partner of the defendant No.3 has filed an affidavit whereas Shri Parag C.Shah', who is the defendant No.2 has Sr. No. Date y % Orders also filed fan affidavit in his capacity as partner of the defendant'No.3 , Such affidavits are_ ' also filed jointly by Shri Parag C.Shah., Shri n Viren J.Parekh, Shri Jagdeep ,Singh Gujral , who is defendant No.4 herein" also has filed a separate affidavit. In view of the aforesaid position and in terms of the settlement arrived at between the parties, the suit . stands decreed in terms of paragraph 26 ( i ),( ii ).( iii ) and (iv> of- the -plaint. So far reliefs claimed in sub-paragraphs (v),(vi) and (viii) of paragraph' 26, 'the same are not pressed by the plaintiffs and accordingly the same are dismissed. The application, undet Order XXIII Rule 3. CPC which is marked 'X' shall form part of the decree. Decree sheet be drawn up accordingly. - Parties shall bear' their own costs. (DR. MUKUNDAKAM SHARMA) JUDGE. FEBRUARY 07, 2002 VK . MQ1P(PLU)MRND—2391HC—65'-08-2000;