Delhi High Court
Allied Blenders And Distillers ... vs Agribiotech Industries Limited ... on 19 February, 2021
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on 19th February, 2021
+ CS(COMM) 166/2020
ALLIED BLENDERS AND
DISTILLERS PVT LTD. ..... Plaintiff
Through: Mr. Shrawan Chopra, Mr.
Vibhav Mithal and Mr. Rohit Hebbale,
Advs. (Anand and Anand, Advocates)
Versus
AGRIBIOTECH INDUSTRIES
LIMITED (ABIL). ....Defendant
Through: Ms. Smriti Churiwal and Mr.
Jaivir Sidhant, Advs.
CORAM:
HON'BLE MR. JUSTICE C .HARI SHANKAR
O R D E R (ORAL)
% 19.02.2021
(Video-Conferencing)
IA 2508/2021 (Order XXIII Rule 3 CPC) and CS(COMM)
166/2020
1. This is a joint application under Order XXIII Rule 3 of the Code
of Civil Procedure, 1908, for decreeing the suit as per the terms of the
settlement, which have been arrived at between the parties. The terms
of the settlement, as contained in para 2 of the application, may be
reproduced.
"a. The Defendant acknowledges that the Plaintiff is the
registered proprietor of the "Officer's Choice" and "Officer's
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:20.02.2021
18:45:52
Choice Blue" trademarks and labels, as stipulated under
Paragraph 8 of the Plaint, and that the Plaintiff is also the
owner of the copyright in the labels bearing the "Officer's
Choice" and "Officer's Choice Blue" trademarks.
b. Subsequent to the filing of the present suit the Defendant
undertakes before this Hon'ble Court that it will cease the use
of the label/trade dress/ mark as shown below:-
(Hereinafter collectively may also be referred to as the
impugned label/trade dress) for all of their goods.
c. The Defendant shall not use in any manner whatsoever the
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:20.02.2021
18:45:52
impugned label/trade dress/any mark which is
identical/deceptively similar to the Plaintiff's trademarks,
"Officer's Choice", "Officer's Choice Blue" and "Choice" as
set out in the Plaint, and/or pass off the Plaintiffs goods as
their own.
d. The Defendant further undertakes to not infringe upon the
copyright in the "Officer's Choice and "Officer's Choice
Blue" labels of the Plaintiff.
e. However, it is clarified and agreed between the parties that
the Defendant is not by virtue of these compromise terms in
any manner refrained, prohibited or restrained from using,
manufacturing, trading, selling, exporting, importing, offering
for sale, distributing, advertising, directly or indirectly in
respect of any alcoholic beverage specially IMFL or goods of
any description any label and/or trade dress that may contain /
include the colours viz red, white and/or the combination of
red and white provided it does not infringe or violates
Plaintiffs Trademarks and copyright.
f. The Defendant has applied for the trademark on
23.07.2020 bearing Trademark Application No. 4580698 in
class 33 and undertakes to withdraw this trademark
application within one week from this Hon'ble Court taking
the present compromise application on record.
The Defendant states that it is currently using the following
label in yellow colour having pantone shade number P 1-5 C
(hereinafter referred to as "New Label").
The Plaintiff has no objection to the New Label.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:20.02.2021
18:45:52
g. The Plaintiff hereby agrees that it shall not have any
objection to the exhaustion of the Defendant's stock bearing
the impugned label/trade dress presently in existence and
manufactured prior to the order of restraint by tile Hon'ble
Court passed on 15.10.2020 (hereinafter referred to as
"already manufactured stock of the impugned product"). The
particulars of the already manufactured stock of the impugned
product have been provided by the Defendant's representative
to the Plaintiff's representative, and the same have been
reproduced hereinbelow.
h. The Plaintiff hereby agrees and affirms that it shall not
pursue its claim for delivery up of the impugned CHETAK
WHISKY products, as stipulated in Paragraph 65 (vii) of the
Plaint, provided that the Defendant complies and conforms
with the compromise terms and conditions as mentioned
hereinabove, in letter and spirit.
i. The Plaintiff hereby agrees and affirms that it shall not
pursue its claim for rendition of accounts of profit against the
Defendant, as stipulated in Paragraph 65(vi) of the Plaint,
provided that the Defendant complies and conforms with the
compromise terms and conditions prescribed as mentioned
hereinabove, in letter and spirit.
j. The Plaintiff hereby agrees and affirms that it shall not
pursue its claim for recovery of damages against the
Defendant, as stipulated in Paragraph 65(v) of the Plaint,
provided that the Defendant complies and conforms with the
compromise terms and conditions prescribed as mentioned
hereinabove, in letter and spirit.
k. The Plaintiff hereby agrees and affirms that it shall not
pursue its claim for costs of the present proceedings, as
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:20.02.2021
18:45:52
stipulated in Paragraph 65(viii) of the Plaint, provided that the
Defendant complies and conforms with the compromise terms
and conditions prescribed as mentioned hereinabove."
2. Learned counsel for the parties are present and they confirm the
settlement of the disputes between their clients.
3. As such, nothing survives for adjudication in the present case.
The parties shall remain bound by the afore-extracted terms of the
settlement.
4. The suit stands decreed in accordance with the terms of
settlement, reproduced hereinabove. The Registry is directed to draw
a formal decree in accordance with law.
5. The application is allowed and disposed of.
6. The plaintiff would be entitled to refund of 50% of the court
fee.
C. HARI SHANKAR, J
FEBRUARY 19, 2021
r.bararia
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:20.02.2021
18:45:52
