Bestochem Formulations(I) ... vs Mr.Nitin Blaggan & Ors.
2015 Latest Caselaw 6591 Del

$~3.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 1390/2009
      BESTOCHEM FORMULATIONS(I) LIMITED         ..... Plaintiff
                   Through: Mr. S.K. Joshi, Advocate for
                   Mr. Surender Singh, Advocate

                        versus

      MR.NITIN BLAGGAN & ORS.             ..... Defendants
                    Through: Mr. Chander Shekhar Patney, Adv.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 03.09.2015

I.A. 17599/2015 (joint application u/O XXIII R 3 CPC)

1. At the outset, learned counsel for the plaintiff seeks leave to

delete the name of the defendant No.1 from the array of the

defendants on the ground that it has been informed by the defendants

that the said defendant is no more associated with the defendant

No.2/company as a director or in any other capacity.

2. In view of the submission made hereinabove, the name of the

defendant No.1 is deleted from the array of the defendants. Amended

memo of parties enclosed with the present application is taken on

record. The same shall be placed in part I file.

3. 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 amicable settlement, the terms and conditions

whereof have been set out in para 2 of the application.

4. Counsels for the parties state that in terms of the settlement,

the defendants have admitted the plaintiff to be the owner and

registered proprietor of the trademark, "FLUWEL" in respect of

pharmaceutical and medicinal preparations in class 5 and have further

given a series of undertakings and declarations to the plaintiff. The

defendants have also stated that they do not have any objection to the

suit being decreed in favour of the plaintiff in respect of the reliefs

prayed for in prayer clause 26(a) and (b) of the plaint. In lieu of the

undertakings given by the defendants, the plaintiff has agreed to forgo

the reliefs of damages, costs and delivery up as prayed for in paras

26(c) to (e) of the plaint. Counsels for the parties state that the suit

may be decreed in terms of the settlement recorded in the application.

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

the averments made in the application. The same has been signed by

the Directors of the plaintiff and the defendants, who have been

authorised by their respective companies to arrive at a settlement as

also by the respective counsels and is duly supported by the affidavits

of the signatories to the application.

6. 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 application.

7. The suit is decreed in terms of the settlement recorded in the

application, while leaving the parties to bear their own expenses.

Decree Sheet be drawn accordingly.

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

9. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 03, 2015 rkb/mk