Delhi High Court
M/S S K Jain Bros, Helemet (I) Pvt ... vs M/S Vega Auto Accessories Pvt Ltd on 10 January, 2019
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 10.01.2019
+ FAO(OS) (COMM) 206/2018 & CM No. 35787/2018
M/S S K JAIN BROS, HELEMET (I) PVT LTD ..... Appellant
Through: Mr. Sagar Chandra, Ms. Ishani
Chandra, Mr. Ankit Rastogi and
Mr. Ravindra Raturi, Advs.
versus
M/S VEGA AUTO ACCESSORIES PVT LTD ..... Respondent
Through: Ms. Diva Arora and Mr. Mudit Tayal,
Advs. with Md. Yusuf, Authorised
Representative of the respondent
CORAM:
HON'BLE MR. JUSTICE G.S. SISTANI
HON'BLE MS. JUSTICE JYOTI SINGH
G.S. SISTANI, J. (ORAL)
1. Challenge in this appeal is to the order dated 01.06.2018 passed on an
application filed by the respondent herein under Order 39 Rules 1 and 2
CPC and an application filed by the appellant (defendant in the suit) under
Order 39 Rule 4 CPC in a suit for permanent injunction restraining
infringement of a registered design in relation to helmets and for ancillary
reliefs. The learned Single Judge by the impugned order has allowed the
application filed by the respondent/plaintiff under Order 39 Rules 1 and 2
CPC and confirmed the injunction granted on 12.12.2017. During the
pendency of this appeal, the parties have arrived at an amicable settlement
on the following terms:
i. It is agreed that the suit filed by the respondent/ plaintiff be
decreed.
ii. The respondent / plaintiff gives up the relief of rendition of
accounts and damages.
iii. The respondent also undertakes not to press the contempt petition
in view of the settlement arrived at.
iv. Injunction orders dated 12.12.2017 and 01.06.2018 shall be
confirmed.
v. The design of the helmet shown in Court today by the appellant by
the respondent and has been examined by Mohd. Yusuf,
Authorised Representative of the respondent (plaintiff in the suit)
who has given his no objection to the said design of the appellants
herein.
vi. The picture of the helmet duly signed by both the parties shall be
placed in a sealed cover of this Court on record and shall form part
of the order.
vii. Copy of the photographs has been handed over to the counsel for
the respondent. Counsel for the respondent shall maintain
confidentiality. Let the photographs be sealed before the Joint
Registrar (Appellate). Parties are directed appear before the
Registrar at 4.30 p.m. today.
viii. Learned counsel for the appellant, on instructions, undertakes that
appellant will not manufacture any fresh pieces of the helmets.
ix. The parties have also agreed that the appellant would be free to sell
its existing stock to be quantified post inspection within a period of
two months from today.
x. Learned counsel for the respondent or their associate counsel shall
accompany the counsel for the appellant to the factory of the
appellant at Patparganj Industrial area to inspect the stock of
helmets, subject matter of the present appeal, tomorrow i.e.
11.01.2019 at 10.30 a.m. Counsel for the appellant assures that
every arrangement will be made for the inspection. In case, the
inspection is not permitted, the Court shall be forced to take an
adverse view in the matter.
2. Let the decree sheet be drawn up accordingly. The question of law
sought to be raised by the appellant in this appeal is kept open.
3. List for directions on 14th January, 2019.
G.S.SISTANI, J.
JYOTI SINGH, J
JANUARY 08, 2019/PB/rb
