Delhi High Court
Gcmc Gaay Chhap Masala Company vs M/S Radha Kishan Gobind Ram Ltd on 19 February, 2018
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 19 th February, 2018
+ FAO(OS) (COMM) 31/2018
GCMC GAAY CHHAP MASALA COMPANY ..... Appellant
Through Mr. S.K. Bansal, Mr. Pankaj Kumar,
Mr. Kapil Kumar Giri & Mr. Vinay
Kumar Shukla, Advocates.
versus
M/S RADHA KISHAN GOBIND RAM LTD ..... Respondent
Through Mr. Sanjeev Singh with Mr. Vikas
Aggarwal, Director.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S.SISTANI, J. (ORAL)
CM.APPL 6329/2018 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
FAO(OS) (COMM) 31/2018
3. Present appeal is directed against the order dated 12.01.2018, passed
by a learned Single Judge of this Court in CS (Comm) 28/2018, by
which an ex-parte ad interim injunction was granted in favour of the
respondent herein (plaintiff in the suit). While passing the impugned
order, a local Commissioner was also appointed for search and seizure
of the impugned goods.
4. The appellant is also aggrieved by the order dated 31.01.2018 by
which the application filed by the appellant under Order XXXIX Rule
4 CPC was adjourned for 13.03.2018, however, a leave was granted to
the appellant for removal of spices from the seized packaging.
5. The brief facts of the case are that the respondent herein has filed a
suit, being CS (Comm) No.28/2018, seeking permanent injunction
restraining infringement of trademark and copyright, passing-off of
trademark, damages and renditions of accounts, etc., with respect to
the trade mark GAI CHAAP in relation to all types of spices, edible
oils, flour and/or related goods. The bone of contention between the
parties is the use of the word 'GAI CHHAP' and the device of a cow.
6. By the impugned order dated 12.01.2018, while appointing a local
Commissioner, the appellant herein (defendant before the learned
Single Judge) was restrained from using, marketing, selling, offering
for sale, advertising or displaying directly or indirectly or dealing in
any other manner or mode in relation to trade and business of all types
of spices, edible oils, flour and related goods/products under the
impugned trade mark GCMC and GCMC GAAY CHAAP LABEL
and the trade mark/label/packaging/trade dress GCMC and GCMC
GAAY CHAAP and trade name Gai Chhap Masala Co. or any other
trade mark/trade name/label/packaging/trade dress similar to the
plaintiff's trade mark/label/packaging/trade dress GAI CHAAP in any
manner whatsoever.
7. Today, after some hearing in the matter, counsel for the parties, on
instructions, had expressed a desire to enter into an amicable
settlement. The matter was passed over once to enable the counsel for
the parties to discuss the terms of settlement with their respective
parties.
8. At the second call, we are informed that the parties have arrived at an
amicable settlement. Mr.Sachin Gupta, Constituted Attorney of
appellant company, is present in Court, who submits that he is duly
authorised and competent to enter into an amicable settlement. One of
the Directors of the respondent (plaintiff in the suit), Mr.Vikas
Aggarwal, is also present in Court, who submits that he is duly
authorised and competent to enter into an amicable settlement. Both
the parties submit that they have carefully understood the terms of
settlement and they have arrived at the settlement out of their own free
will and without any coercion or duress of any kind. As per the
parties, the agreed terms of settlement are as under:
(i) The appellant (defendant in the suit) shall not use the
word 'GAI CHHAP' in any form whether as 'GAI' or
'GAAY' on their packaging material and part of the trade
name.
(ii) It is, however, agreed that the appellant-defendant in the
suit would continue to use 'the device of cow' as depicted
in the present packaging.
(iii) The appellant submits that all the materials containing the
word 'GAI CHHAP' would be destroyed but the
appellant/defendant would be free to remove the spices
from the packaging within a period of two weeks in the
presence of a representative of the respondent herein.
(iv) The rectification petition filed by the respondent/plaintiff
in IP Appellate Board for the removal/cancellation of the
trademark 'GCMC LABEL' with device of cow
registered under no.3531286 in class 30 would be
withdrawn within two weeks.
(v) CS (COMM) 28/2018 be decreed in terms of the
settlement.
9. The Constituted Attorney of the appellant and the Director of the
respondent pray that CS (Comm) No.28/2018 may be decreed as per
the above agreed terms of settlement arrived at between them and they
shall be bound by the terms of settlement.
10. Accordingly, having regard to the facts that the parties have arrived at
an amicable settlement, CS (Comm) No.28/2018 filed by the
respondent herein stands decreed in view of above agreed terms of
settlement. The date fixed for 13.03.2018 also stands cancelled.
Parties shall be bound by the above terms of settlement. Let a decree
sheet be drawn up accordingly.
11. Since the matter has been settled through mediation, the respondent
herein (plaintiff in CS (Comm) No.28/2018) would be entitled for
refund of Court fee. Let a necessary certificate be issued in this regard.
12. In view of above, no further orders are required to be passed in the
present appeal and the same stands disposed of.
13. Parties shall append their signatures on each page of the order as token
of acceptance.
CM APPL 6328/2018 (stay)
14. The application stands disposed of in view of the order passed in the
appeal.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
FEBRUARY 19, 2018/ck/
