M/S Entertainment Network India ... vs Mr.Jonathan Brady & Anr.
2015 Latest Caselaw 9458 Del

$~13.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1921/2006
      M/S ENTERTAINMENT NETWORK INDIA LTD. ..... Plaintiff
                    Through: Mr. Krishnendu Datta, Advocate with
                    Mr. Rahul Malhotra, Advocate

                        versus

      MR.JONATHAN BRADY & ANR.                   ..... Defendants
                    Through: Mr. Vivek Malik, Advocate for D-1.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 18.12.2015

I.A. 25743/2015 (joint application u/O XXIII R 3 CPC by the plaintiff and D-1)

1. Mr. Datta, learned counsel for the plaintiff states at the outset

that the plaintiff proposes to confine the relief in the present suit to

the defendant No.1 alone while seeking deletion of the name of

defendant No.2 from the array of the defendants. He states that in the

event the plaintiff has a grievance against the defendant No.2 in the

future, it shall seek its remedies against the said defendant in

accordance with law.

2. Leave, as prayed for, is granted. The name of defendant No.2 is

deleted from the memo of parties. Amended memo of parties shall be

filed in two days.

3. The present application has been jointly filed by the plaintiff and

the defendant No.1 stating inter alia that during the pendency of the

suit, they have arrived at an out of court settlement that was reduced

into writing by virtue of a Settlement Agreement dated Nil April, 2015,

wheeunder the defendant No.1 has give up all the claims in respect of

the plaintiff's trademark, "ULTA PULTA" and has acknowledged that

the said trademark is the intellectual property of the plaintiff. The

other terms and conditions of the settlement are set out in paras 3 to

9 of the Settlement Agreement. Counsels for the parties state that the

suit may be decreed in terms of the said settlement.

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

been signed by the Vice President (Legal) of the plaintiff/company and

the defendant No.1 and is supported by the affidavits of the

signatories to the application. Annexure-A enclosed with the

application is the Settlement Agreement dated Nil, April, 2015, and it

is stated to have been signed by the persons authorised to do so.

5. As counsels for the parties jointly state that their clients 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 said settlement. The

Settlement Agreement is taken on record. The parties shall remain

bound by the terms and conditions of the settlement recorded therein.

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

recorded in the Settlement Agreement dated Nil, April, 2015, while

leaving the parties to bear their own expenses.

7. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 18, 2015 rkb