Rajesh Kumar Agrahari Trading As ... vs Subhash Masala Industries
2015 Latest Caselaw 5646 Del

$~22
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1907/2015 & IAs No.13308 & 13309/2015

       RAJESH KUMAR AGRAHARI
       TRADING AS AGRAHARI MASALA UDYOG                ..... Plaintiff
                     Through : Mr. S.K.Singh, Mr.Sudhir Balyan and
                     Mr.D.K.Yadav, Advocates

                        versus

       SUBHASH MASALA INDUSTRIES            ..... Defendant
                    Through : Mr.H.P.Singh, and
                    Mr.Navroop Singh, Advocates

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 05.08.2015

1. Vide order dated 8.7.2015, the statement of the counsel for the

defendant was recorded to the effect that his client has been

continuously using the infringing packaging, in which the plaintiff

claims a copyright, for the past eight years. He had also disputed the

assertion made by the counsel for the plaintiff that the plaintiff had

been using the very same packaging, subject matter of the present

suit, ever since the year 1998. However, both sides had asked for

some time to produce the relevant documents in support of their

respective submissions for the court to take a prima facie view in the

matter.

2. Mr.H.P.Singh, learned counsel for the defendant states that he

has filed a set of documents under index dated 31.7.2015, with copies

to the other side. He submits that he had also handed over the

proposed packaging to the counsel for the plaintiff for him to obtain

instructions from his client, as to whether it is acceptable.

3. Mr.S.K.Singh, learned counsel for the plaintiff responds by

stating that he has examined the proposed packaging furnished by the

other side and his only objection is to the colour combination used in

respect of the lettering, "Mishran Garam Masala" which are printed in

white and highlighted on a black background. He submits that if the

lettering's colour combination is changed from white on black to some

other colour combination so that the defendant's packaging can be

easily distinguished from the plaintiff's packaging, it would resolve the

entire issue.

4. Counsel for the defendant states that his client has no objection

to the aforesaid suggestion and the defendant is agreeable to

changing the white on black colour combination for the lettering,

"Mishran Garam Masala" to white on red, as is already being used

elsewhere on the proposed packaging. The said suggestion is

acceptable to the other side.

5. Counsels for the parties have signed on the back of the proposed

packaging in token of accepting the proposed packaging with the

alternation as noted above and state that the present suit may be

disposed of in terms of the consensus arrived at between the parties.

6. At this stage, counsel for the defendant states that it would take

a period of two months for his client to change the present packaging

to the one that has been accepted by the other side and to enable him

exhaust the existing stock.

7. Counsel for the plaintiff states he is agreeable to the aforesaid

timeline on the condition that the details of the existing stock must be

furnished to the plaintiff.

8. Needful shall be done by the defendant by way of an affidavit,

within two weeks from today, with a copy to the other side. Further,

the defendant shall enclose with the affidavit, the altered packaging as

noted above.

9. The suit is decreed, in terms of the settlement arrived at

between the parties and recorded hereinabove. The suit is disposed

of, along with the pending application.

HIMA KOHLI, J AUGUST 05, 2015 mk