JUDGMENT Badar Durrez Ahmed, J.
1. The suit was filed by the plaintiff for restraining infringement of trade mark, copyright, passing off as well as for damages. The plaintiff claims to be the proprietor of the trade mark DABUR Dashmularishta packaging/trade dress/label comprising of the colour scheme, get up, lay out, arrangement of features.
2. In the meanwhile, the parties arrived at a compromise and, accordingly, moved this application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 By way of this application, the defendant has indicated that it admits the plaintiff to the proprietor of the trade mark DABUR Dashmularishta packaging/trade dress/label comprising of the colour scheme, get up and lay out. The defendant has undertaken not to use the impugned Dashmularishta packaging/trade dress and label, in respect of ayurvedic tonic, which is the subject matter of the present proceedings or any other trade mark/trade dress or label that may be deceptively similar to the trade mark/trade dress/label of DABUR Dashmulrishta packaging including colour scheme, lay out, arrangement of feature, get up as indicated above. The other terms of the compromise and settlement between the parties are set out in detail in the application itself.
3. In view of the aforesaid compromise and settlement, the parties have prayed that a decree be passed in terms of paragraph 23 (i) to (iii) of the plaint leaving the parties to bear their respective costs. This application has been signed by Mr M.P. Shukla, as proprietor of the defendant and by Mr B.K. Gupta, who is the constituted attorney of the plaintiff. It has also been signed by the respective counsel for the parties who identified the signatures of the aforesaid persons. The affidavits in support of this application of the said Mr V.K. Gupta and the said Mr M.P. Shukla are also on record.
4. I have examined this application and the compromise terms recorded therein and I find that the same is lawful. There is, therefore, no difficulty in recording the compromise and in passing a decree as prayed for in the compromise. The application be marked as Ext. C-1. It is taken on record and a decree is passed in terms of the said paragraphs 23 (i) to (iii) of the plaint. The parties shall bear their own costs. This application (Ext. C-1) shall form part of the decree. The decree sheet be prepared.
5. This application as well as the suit and other pending applications stand disposed of.