The Delhi High Court on 28 October 2025 brought curtains down on the long-drawn legal tussle between Sun Pharmaceutical Industries Ltd. and DWD Pharmaceuticals Ltd., two prominent names in India’s pharma sector. The Division Bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla disposed of the cross appeals after both parties reached an amicable settlement, effectively ending the trademark-related battle that had kept the industry watching.
Background
The dispute stemmed from earlier orders passed by a Single Judge of the Delhi High Court on 22 November 2022, in connection with commercial suit CS(Comm) 328/2022. The Single Judge had imposed costs of ₹10 lakh on Sun Pharmaceutical Industries while ruling on interim applications filed by both companies.
However, the litigation took a different turn when the parties, instead of prolonging their legal sparring, decided to settle the matter privately. A joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 was filed, requesting the court to record the terms of settlement. The Single Judge accepted the request and decreed the suit based on the settlement agreement.
This paved the way for both sides to request that their respective appeals—filed against portions of the earlier order—be closed in light of the compromise.
Court’s Observations
During the hearing, counsel for Sun Pharma, Mr. Sachin Gupta, pointed out that as per clause (f) of the settlement agreement, DWD Pharmaceuticals had consented to allow the appeal to the limited extent of setting aside the ₹10 lakh cost imposed earlier.
“The bench observed, ‘As one of the terms of settlement is that the costs of ₹10 lakhs awarded by the learned Single Judge be set aside, we see no reason to keep the appeals pending,’” noted the court, marking an unambiguous closure.
With both companies now on the same page, the Bench saw no remaining issue requiring adjudication. “Nothing survives for adjudication in the present appeals,” Justice Hari Shankar remarked orally before dictating the final order.
The Division Bench formally disposed of both appeals—FAO(OS)(COMM) 310/2022 and FAO(OS)(COMM) 12/2023—as infructuous in light of the settlement. The judges also set aside the ₹10 lakh cost previously imposed on Sun Pharma, as agreed by both parties.
Case Title: Sun Pharmaceutical Industries Ltd. vs DWD Pharmaceuticals Ltd.
Case Number: FAO(OS)(COMM) 310/2022 & FAO(OS)(COMM) 12/2023
