M/S Maheswari Pharmaceuticals ... vs M/S Maheswari Ayurved Pvt Ltd & Ors
2015 Latest Caselaw 7011 Del

$~16
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 136/2015 & IA No.985/2015
       M/S MAHESWARI PHARMACEUTICALS (INDIA) LTD ..... Plaintiff
                     Through : Mr. Sunil K. Ojha, Advocate

                        versus

       M/S MAHESWARI AYURVED PVT LTD & ORS      ..... Defendants
                     Through : Mr. Rajesh Goswami, Advocate
                     for D-1 to 3.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 16.09.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, a Settlement Agreement dated

11.09.2015 has been placed on record. The terms and conditions of

the settlement have been recorded in para 6 of the Settlement

Agreement, whereunder the defendants No.1 to 3 have claimed that

they/their nominees shall not use the mark "TRINGASAV" or any other

deceptively similar trademark on their goods in class V of classification

of goods stipulated in the Trademarks Act, 1999 and they shall have

the right to use the mark "TRIRATNASAV" along with the label

attached to the Settlement Agreement and marked as Annexure-A.

2. The defendants No.1 to 3 have also agreed not to use the

registered trademark/label „mpil‟ in italics or in capital letters or

otherwise as registered in favour of the plaintiff and mentioned in para

6(c) of the Settlement Agreement. The proposed label being used by

the said defendants has been enclosed with the Settlement Agreement

as Annexure-C and the one used by the plaintiff has been enclosed as

Annexure-B. The price list with the modifications made by the

defendants No.1 to 3 has been enclosed with the Settlement

Agreement as Annexure-D. The remaining terms and conditions of

the settlement have been set out in para 6(e) to (i) of the Settlement

Agreement.

3. In view of the aforesaid settlement arrived at between the

parties, counsels for the parties state that the suit may be decreed.

4. The Court has perused the Settlement Agreement dated

11.9.2015. The same has been signed by the Directors of the plaintiff

and the defendant/company and their respective counsels and is

supported by the Resolution of the companies authorizing them to

execute the Settlement Agreement, as also by the learned Mediator.

5. As the counsels for the plaintiff and the defendants jointly state

that they 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 Settlement Agreement dated 11.9.2015 is taken on

record and the parties shall remain bound by the terms and conditions

of the said settlement.

6. The suit is decreed in terms of the settlement arrived at between

the parties. Decree Sheet be drawn accordingly.

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

while leaving the parties to bear their own expenses.

8. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 16, 2015 sk