Rspl Limited vs Shrinath Das Gupta
2015 Latest Caselaw 6919 Del

$~33.

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2116/2015
      RSPL LIMITED                                     ..... Plaintiff
                           Through: Mr. D.K. Yadav, Advocate


                           versus


      SHRINATH DAS GUPTA                       ..... Defendant
                    Through: Mr. Amit Tomar, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 14.09.2015

I.A. 19279/2015 (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 suit,

they have been able to arrive at an out of court negotiated settlement.

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

paras 7 to 12 of the application, whereunder the defendant has

acknowledged that the plaintiff is the lawful proprietor/owner of the

trademark/label/packaging/wrapper/trade dress, "GHARI" and the

punch lines mentioned in para 7 of the application and he has assured

the plaintiff that he shall not be using the captioned trademark or the

punch lines. The defendant has also changed his

label/packaging/wrapper trade dress of his products as attached with

the application and marked as Annexure 1 (colly). In view of the

settlement, the plaintiff has agreed to give up the reliefs of rendition

of accounts and damages against the defendant. Both the counsels

state that having regard to the fact that their clients have arrived at

an out of court negotiated settlement, the suit may be decreed in

favour of the plaintiff in terms of para 48(a)(i) to (iii) of the plaint.

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

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

the authorized representative of the plaintiff and the proprietor of the

defendant/firm and their respective counsels and the same is duly

supported by the affidavits of the signatories.

4. 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.

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

application and prayer clause 48(A)(i) to (iii) of the plaint, while

leaving the parties to bear their own expenses. Decree sheet be drawn

accordingly.

6. The dates already fixed, i.e., 23.09.2015 and 18.01.2016 stand

cancelled.

File be consigned to the Record Room.

HIMA KOHLI, J SEPTEMBER 14, 2015 rkb/ap