M/S Sohan Lal Nem Chand Jain vs Trident Group & Ors
2016 Latest Caselaw 5531 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 796/2010
      M/S SOHAN LAL NEM CHAND JAIN               ..... Plaintiff
                   Through: Mr. Pavit Singh Katoch, Advocate with
                   Mr. Puneet Jain, Partner.

                        versus
      TRIDENT GROUP & ORS                              ..... Defendants
                        Through: Mr. Shantanu Tyagi, Advocate with
                        Mr. Lalit Kakar, Advocate for D-1 and D-2.
      CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                        ORDER

% 24.08.2016 I.A. 9194/2016 (joint application u/O XXIII R 3 CPC)

1. The present application has been jointly 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 reduced into writing and recorded in the Deed of Settlement dated 25/28.03.2016.

2. As per the terms and conditions of the settlement, the defendants have acknowledged and admitted the plaintiff to be the lawful owner of the trademark, "LOTUS" with respect to all goods falling in Class 16 of the NICE Classification and have undertaken not to use any trademark, comprising the word, "LOTUS" in respect of any goods falling in Class 16. The remaining terms and conditions of the settlement have been set out in para 10 of the present application. In view of the fact that the parties have arrived at a settlement, the plaintiff has agreed to forgo its claim for

rendition of accounts, profits, litigation cost etc.

3. The Court has perused the present application. The same has been signed by the partner of the plaintiff/firm and the authorised representative of the defendants/company. Supporting the present application are the affidavits of the signatories to the application. Counsel for the defendants hands over a copy of the minutes of the Board meeting of the defendants/company held on 12.02.2016, authorising the authorised representative to sign the documents on behalf of the defendants/company. The same is taken on record. The Deed of Settlement executed between the parties has been enclosed with the present application and is marked as Annexure I.

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 settlement. The parties shall remain bound by the terms and conditions of the settlement recorded in the Settlement Agreement.

5. The suit is decreed in terms of the settlement recorded in the Deed of Settlement dated 25/28.03.2016 and the present application, while leaving the parties to bear their own costs. Decree sheet be drawn accordingly.

6. The suit is disposed of alongwith the pending application.

HIMA KOHLI, J AUGUST 24, 2016 rkb/sk