M/S Rspl Ltd vs M/S Shree A.M Industries
2015 Latest Caselaw 4856 Del

$~18.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CS(OS) 2890/2014 and I.A. 18496-18497/2014

      M/S RSPL LTD                                    ..... Plaintiff
                          Through: Mr. D.K. Yadav, Advocate

                          versus


      M/S SHREE A.M INDUSTRIES                  ..... Defendant
                     Through: Mr. Madan Mohan, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI


                          ORDER

% 09.07.2015

I.A. 13401/2015 (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 suit proceedings, they have

arrived at an out of court settlement.

2. The terms and conditions of the settlement have been set out in

paras 8 to 12 of the application, whereunder the defendant has given

an undertaking not to use the trademark/label, "GHARI" as well as the

wrapper/packaging/trade dress of "GHARI LABEL" and the punch lines

mentioned in para 8 in any manner in relation to its

goods/services/trademark/packaging/trade dress etc. that may

amount to infringing/passing off its trademark/label/copyright. The

defendant has also given certain undertakings to the plaintiff in para

11 of the application and in lieu of the aforesaid undertakings and

assurances, the plaintiff has agreed not to press the prayer for

rendition of accounts. Counsels for the parties state that the suit may

be decreed in terms of prayer clause 47(A)(i) to (iii) of the plaint.

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

been signed by the authorized representative of the plaintiff and the

proprietor of the defendant and their respective counsels and is

supported by the affidavits of the signatories to the present

application.

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

parties shall remain bound by the terms and conditions of the

settlement recorded in the Settlement Agreement.

6. The suit is decreed in terms of the prayer clause 47(A) (i) to (iii)

of the plaint and the terms and conditions of the settlement recorded

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

expenses.

9. The suit is disposed of, along with the pending applications.

File be consigned to the record room.

HIMA KOHLI, J JULY 09, 2015 rkb/ap