Mrs. Ishi Khosla vs Anil Aggarwal & Anr.
2009 Latest Caselaw 924 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          CS(OS) No. 309/2005
%                      Date of Decision: 20.03.2009
Mrs. Ishi Khosla                                       .... Plaintiff
                Through: Mr. Nitin Sharma and Mr. Ankush Mahajan,
                         Advocates.

                                 Versus

Anil Aggarwal & Anr.                              .... Defendants
               Through: Mr. Ajay Amitabh Suman and Mr. Shashi P.
                        Ojha, Advocates.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR

1.   Whether reporters of Local papers may be                 YES
     allowed to see the judgment?
2.   To be referred to the reporter or not?                    NO
3.   Whether the judgment should be reported in                NO
     the Digest?

ANIL KUMAR, J.

*

+ IA No.3811/2009 in CS(OS) No.309/2005

This is an application by the parties for decreeing the suit in

terms of the settlement arrived at between the parties. The terms of the

settlement are incorporated in the application under Order XXIII Rule 3

read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter

referred to as 'CPC') being I.A. No. 3811/2009.

Under the settlement, the defendants have agreed that a decree

for injunction be passed restraining them from using the trade mark of

the plaintiff and the plaintiff has agreed to give up his claim of damages

against the defendants.

The defendants have also agreed to withdraw their application

seeking registration of the trade mark 'Whole Foods' and have also

agreed to withdraw the opposition filed by the defendants to the

application of the plaintiff for registration of the trade mark 'Whole

Foods'.

The application is signed by the plaintiff and defendants and their

respective counsels and is also supported by the affidavits of Mrs. Ishi

Khosla, plaintiff and Mr. Anil Aggarwal, defendant No. 1 and the sole

proprietor of defendant No. 2. There does not seem to be any

impediment in allowing the application.

Consequently, the application is allowed and the suit of the

plaintiff is decreed in terms of the settlement arrived at between the

parties, the terms of which are incorporated in I.A. No. 3811/2009

under Order XXIII Rule 3 read with Section 151 CPC.

The application stands disposed of.

CS(OS) No. 309/2005

The parties have settled their disputes and their application

incorporating the terms of the settlement being I.A. No. 3811/2009

under Order XXIII Rule 3 read with Section 151CPC has since been

allowed.

Consequently, the suit of the plaintiff is decreed in terms of the

settlement arrived at between the parties in I.A. No. 3811/2009 under

Order XXIII Rule 3 read with Section 151 CPC. Decree sheet be drawn

where I.A. No. 3811/2009 shall form part of the decree. All the

pending applications are also disposed of and parties are left to bear

their own costs.

MARCH 20, 2009                                     ANIL KUMAR, J.
sb