Honeywell International Inc vs K.K. Vishwaranjan & Ors
2015 Latest Caselaw 3141 Del

$~43.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3685/2014 and I.A. 23933/2014


      HONEYWELL INTERNATIONAL INC                 ..... Plaintiff
                    Through: Ms. Vaishali Mittal, Advocate with
                    Ms. Neha Reddy and Mr. Siddhant Chamola,
                    Advocates

                        versus


      K.K. VISHWARANJAN & ORS                 ..... Defendants
                    Through: Ms. Yogamaya M.G. Advocate


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 20.04.2015

I.A. 7916/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the present suit, they have

arrived at an amicable settlement as recorded in para 2 of the

application.

2. It is stated that in view of the undertakings given by the

defendants to the plaintiff, the plaintiff has agreed to give up its claim

of damages, rendition of accounts and delivery up against the

defendants.

3. Counsels for the parties jointly state that after filing the present

application, the defendants have written a letter dated 17.04.2015 to

the Trademark Registry, withdrawing their application for registration

of the trademark, "Honeywell" in class 43. To substantiate the said

submission, counsel for the defendants hands over a copy of the

aforesaid letter with a copy to the other side. At the request of both

the parties, the said letter is taken on record.

4. The Court has perused the present application. The same has

been signed by the authorised signatory of the plaintiff, defendant

No.1 and the authorised signatory of the defendants No.2 and 3 and

the same is supported by their affidavits. As the counsels for the

parties jointly state that they have arrived at the aforesaid settlement

of their own free will and volition and without any undue influence or

coercion from any quarters, there appears no legal impediment in

accepting the settlement.

5. The application is taken on record. The parties shall remain

bound by the terms and conditions of the settlement recorded in the

said application. The defendants shall also be bound by the

undertaking given to the plaintiff that they shall withdraw their

application for registration of the trademark, "Honeywell" in class 43,

pending in the Trademark Registry.

6. The suit is decreed in terms of the settlement and the order

passed above, while leaving the parties to bear their own costs.

7. The suit is disposed of alongwith the pending application.

8. File be consigned to the record room.

HIMA KOHLI, J APRIL 20, 2015 rkb