Apex Shoes Co. Lvt. Ltd. vs Major Footwear Pvt. Ltd.
2006 Latest Caselaw 369 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. This is an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 filed jointly on behalf of the plaintiff and the defendant. By virtue of this application, the parties seek an order recording the settlement / compromise arrived at amongst them and for disposal of the suit by decreeing it in terms of paragraph 35 (a), (b) and (c) of the plaint in favor of the plaintiff and against the defendant.

2. This application has been signed on behalf of the plaintiff by Mr Simerpreet Singh who is a Director in the plaintiff company and is the duly constituted attorney on behalf of the plaintiff company. It is also signed by Mr Narinder Ramnani who is a Director in the defendant company and is duly authorised to sign on behalf of the defendant company. This application is supported by affidavits of the said Mr Simerpreet singh and Mr Narinder Ramnani. This application is also signed by the respective counsel for the parties. The application is marked as exhibit C-1.

3. By virtue of this application, the parties have reduced to writing the terms of settlement arrived at between them. Broadly speaking, the defendant has undertaken that it shall not manufacture and / or sell footwear under the mark AFEX and / or any other identical or deceptively similar mark to the plaintiff's trade marks APEX and / or APEX (logo) and / or APEX (Label), ARTICLE-222 and other numerical sub marks of the plaintiff in future and further undertakes not to infringe and / or abet the infringement and / or passing off thereof. Other undertakings have also been given in the application which are set out in detail therein. The defendant has also paid a sum of Rs. 25,000/- to the plaintiff by way of costs of the present litigation. The learned counsel for the plaintiff acknowledges the receipt of the said amount of Rs. 25,000/- which has been paid by way of demand draft as indicated in paragraph 6 of the present application. In view of these undertakings, the plaintiff has agreed to forego the relief of recovery of damages and other reliefs other than reliefs mentioned in paragraph 35 (a) (b) and (c) of the plaint.

4. I have examined the terms of settlement which have been reduced to writing in the form of the present application and I find that the same are lawful. Accordingly, the settlement / compromise is taken on record. The suit is decreed in terms of paragraph 35 (a), (b) and (c) of the plaint in favor of the plaintiff and against the defendant. The application exhibit C-1 shall form part of the decree. The decree sheet be prepared accordingly.

The application as well as the suit stands disposed of.