Transport Corporation Of India ... vs Reserve Bank Of India And Anr
2015 Latest Caselaw 1648 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+         CS(OS) 3613/2014 & IA No.23566/2014

                                                 Decided on: 09.01.2015
IN THE MATTER OF
FLAMAGAS,S.A.                             ..... Plaintiff
                    Through : Ms. Aparna Gaur, Advocate
                    versus
SHARAD (ALIAS RAJA)                       ..... Defendant
                    Through : Mr. Rudro Chatterjee, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

IA No.365/2015 (joint application u/O XXIII R-3 CPC)

1. The plaintiff/company has instituted the present suit against

the defendant praying inter alia that he be restrained from

infringing its trademark, "CLIPPER", for protection of its copyright,

for passing off, rendition of accounts, etc.

2. Vide order dated 28.11.2014, summons were issued in the

suit to the defendant, returnable on 11.2.2015. On the said date,

an interim order was granted in favour of the plaintiff, restraining

the defendant and his representatives from manufacturing,

marketing, distributing, advertising, importing, exporting or offering

for sale, the lighters under the trademark "CLIPPER" as well as

shape mark "CLIPPER" or any other mark or shape which is

exclusively associated with the plaintiff. A Local Commissioner was

also appointed to visit the premises of the defendant and make an

inventory of the infringing products.

3. It is jointly stated by the counsels for the parties that the

Local Commissioner has executed the commission and thereafter,

the parties have interacted with each other and arrived at an out of

court settlement, as recorded in para 2 of the present application,

whereunder the defendant has acknowledged the plaintiff to be the

sole and exclusive owner of the trademark "CLIPPER", including its

formative variants, distinctive packaging, etc., and he has

undertaken not to manufacture, advertise, promote, export,

market, sell, distribute, offer for sale distribute, export directly or

indirectly any product, including lighters in the shape or packaging

or under the mark "CLIPPER", as set out in para 13 of the plaint.

The defendant has further undertaken that the products bearing the

impugned packaging already in the market have been exhausted by

him.

4. In view of the undertaking given by the defendant, the

plaintiff has decided not to press the relief for

compensation/damages as prayed for in the suit.

5. Counsels for the parties jointly state that the present suit may

be disposed of in terms of the settlement arrived at between the

parties.

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

been signed by the authorized signatory of the plaintiff and the

defendant and their respective counsels. The application is

supported by the affidavits of the constituted attorney of the

plaintiff company and the defendant.

7. As the counsels for the parties state that the parties 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

same. The parties shall remain bound by the terms and conditions

of the settlement.

8. The application is allowed and the suit is disposed of, along

with the pending application, in terms of the settlement arrived at

between the parties, while leaving the parties to bear their own

costs.

9. The date already fixed in the matter, i.e., on 11th February,

2015 stands cancelled.

(HIMA KOHLI) JUDGE JANUARY 9, 2015/sk