Pepsico Inc & Anr vs Jagdamba Food & Anr
2015 Latest Caselaw 9612 Del

$~13
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1958/2015
       PEPSICO INC & ANR                          ..... Plaintiffs
                      Through : Mr. Kunal Mimani, Advocate

                        versus

       JAGDAMBA FOOD & ANR                      ..... Defendants
                    Through : Mr. H.S. Chaudhary, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 23.12.2015 I.A.No.26202/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement.

2. The details of the terms and conditions of the settlement have

been set out in para 2 of the application, whereunder the defendants

have acknowledged the plaintiffs' rights in the mark "KURKURE" and

have undertaken not to use the said mark. The defendants have also

undertaken not to use the impugned marks "KURMURE" and "SARAL

KURMURE" in any manner. They have further agreed to pay a sum of

Rs.20,000/- to the plaintiff No.2 within two weeks from today. It has

been agreed by the parties that in case of any breach of settlement on

the part of the defendants, the plaintiffs shall be entitled to claim

damages from them to the tune of Rs.20,00,000/-.

3. Counsels for the parties jointly state that the suit may be

decreed, in terms of the settlement arrived at between the parties.

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

been signed by the authorized representatives of the plaintiffs No.1 &

2 and by the defendant No.2 as the proprietor of the defendant No.1,

apart from their respective counsels. The application is supported by

the affidavits of the signatories to the application.

5. As counsels for the plaintiff and the defendants 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

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

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

recorded in the application, while leaving the parties to bear their own

costs. Decree sheet be drawn accordingly.

7. File be consigned to the record room.

HIMA KOHLI, J DECEMBER 23, 2015 sk/ap