Puma Se & Anr vs Footwear (Klick) India Pvt Ltd & ...
2015 Latest Caselaw 8313 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2518/2015 & IA No.17472/2015
       PUMA SE & ANR                              ..... Plaintiff
                       Through : Mr. Manav Kumar, Advocate


                       versus

       FOOTWEAR (KLICK) INDIA PVT LTD & ORS.      ..... Defendants
                     Through : Mr. P.C. Arya, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 03.11.2015 I.A.No.23167/2015 (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 to be the registered proprietor of the

trademark No.407833 in respect of Form Strip logo in class 25 and

further, given a series of undertakings to the plaintiffs. The

defendants have also agreed to pay a sum of Rs.3.00 lacs to the

plaintiffs as token damages.

3. Counsel for the defendants states that the aforesaid amount has

already been tendered to the plaintiffs, which fact is confirmed by the

counsel for the plaintiffs. Counsel for the plaintiffs states that in view

of the undertakings given by the defendants to the plaintiffs, the

plaintiffs have given up the claim for damages and costs in the present

suit. Counsels for the parties jointly state that in view of the

settlement arrived at between the parties, the suit may be decreed.

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

been signed by the constituted attorney of the plaintiffs and the

defendant No.2, who is the Director of the defendants No.1, for

himself and for and on behalf of the defendants No.1 & 3, apart from

their respective counsels. As for defendant No.4, it is clarified by

learned counsels that the defendant No.4 is not an independent entity

but only a manufacturing unit of the defendant No.1. The application

is supported by the affidavits of the signatories to the application.

5. As counsels for the plaintiffs 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.

7. The suit is disposed of, along with the pending application.

8. File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 03, 2015 sk