Exxon Mobil Corporation & Anr vs Bimal Agarwal & Anr
2015 Latest Caselaw 8001 Del

$~18.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1670/2015 and I.A. 11923/2015
     EXXON MOBIL CORPORATION & ANR           ..... Plaintiffs
                   Through: Mr. Sumit Wadhwa, Advocate

                       versus

     BIMAL AGARWAL & ANR                      ..... Defendants
                   Through: Mr. Rahul Sharma, Advocate with
                   Mr. Ashish Dogra, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 16.10.2015

I.A. 22121/2015 (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, they have been able to

arrive at an out of court negotiated settlement. The terms and

conditions of the settlement have been set out in para 6 of the

application, whereunder the defendants have acknowledged that the

plaintiff No.1 is the registered proprietor and the plaintiff No.2 is a

licensed user of the trademarks as set out in para 1(b) of the plaint

and they have the exclusive right to use the "EXXON" trademark in

India. The defendants have also given a series of undertakings to the

plaintiffs and have changed their corporate name from "EXON

MERCANTILE PRIVATE LIMITED" to "EXCHEM MERCANTILE PRIVATE

LIMITED", as detailed in para 5 of the application. In lieu of the

undertakings given by the defendants, the plaintiffs have given up the

claim of damages and rendition of accounts against the defendants as

per prayer clause (D) of the plaint. Counsels for the parties state that

the suit may be decreed in terms of the settlement.

2. The Court has heard the counsels for the parties and examined

the averments made in the application. The application has been

signed by the constituted attorney of the plaintiffs, defendant No.1

and the Director of the defendant No.2 and their respective counsels

and the same is duly supported by the affidavits of the signatories.

3. 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 which is

taken on record. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

4. The suit is decreed in accordance with the terms and conditions

recorded in the compromise application and prayer clause (A) of the

plaint , while leaving the parties to bear their own costs. Decree sheet

be drawn accordingly.

5. The suit is disposed of alongwith the pending applications.

6. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 16, 2015 rkb/ap