Glen India Limited vs Surinder Tewari And Ors.
2006 Latest Caselaw 352 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. This is an application made under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. This application has been moved jointly by the plaintiff and the defendants. By virtue of this application, the parties submit that permanent injunction be granted against the defendants in terms of paragraph 19 (i) and (ii) of the plaint. The other prayers are given up by the plaintiff.

2. This application is signed by Mr Anand Rai, the authorised signatory of the plaintiff and by Mr Surinder Kumar Tewari, who is the defendant No.1 and has also signed on behalf of the defendant No. 2 being the Director of the Defendant No.2. He has also signed on behalf of defendant No.3 which is an erstwhile partnership firm in which the said Mr Surinder Kumar Tewari was a partner. The affidavits in support of this application have also been filed. These affidavits have been affirmed by the said Mr Anand Rai and Mr Surinder Kumar Tewari. This application is also signed by the counsel for the parties. It is marked as Exhibit-C-1.

3. By virtue of this application, the parties have acknowledged the plaintiff to be the proprietor of the trademark / trading style ?GLEN?. The defendants have submitted various undertakings, including the undertaking that in future they will not operate any business or sell goods or provide any services under the trademark / trading style ?GLEN? or any deceptively similar variant thereof. The other undertakings given by the defendant are set out in detail in the application. In view of these undertakings, the plaintiffs have agreed to give up their prayers under paragraph 19 (iii), (vi) and (vii) of the plaint.

4. I have examined the application, the terms of settlement and considered the submissions made by the counsel for the parties. I find that the compromise / settlement arrived at between the parties is a lawful one and, accordingly, the same is taken on record. The suit is decreed in terms of paragraph 19 (i) and (ii) in favor of the plaintiff and against the defendants. This application (Exhibit-C-1) shall form part of the decree. No orders as to costs. This application, the suit and all other pending applications stand disposed of.