Colorbar Cosmetics Pvt,Ltd vs Deepak Jain & Ors.
2021 Latest Caselaw 2622 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                               Date of decision: 22.09.2021

+     CS(COMM) 574/2020 & I.As. 12678/2020, 853/2021, 4908/2021 &
      8238-8239/2021

      COLORBAR COSMETICS PVT. LTD                           ..... Plaintiff
                  Through  Mr.Ayush, Adv.

                          versus

      DEEPAK JAIN & ORS.                                  ..... Defendants
                    Through             Mr.Arun Kumar Jha, Adv. for
                                        Defendant Nos.1 to 4.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

1. The present suit has been filed by the plaintiff seeking permanent and

mandatory injunction restraining the defendants from infringement of trade

mark and copyright, passing off, dilution, acts of unfair competition,

rendition of accounts/damages and delivery up.

2. Vide order dated 07.04.2021, the matter was referred to the Delhi

High Court Mediation and Conciliation Centre (SAMADHAN) for making

an effort to amicably resolve their disputes.

3. This court is informed that the parties have mutually settled their

disputes and the terms of the settlement have been incorporated in

Settlement Agreement dated 17.09.2021, which is duly signed by both the

sides/parties. The aforesaid Settlement Agreement dated 17.09.2021 has

come on record.

4. Learned counsel for the plaintiff submits the terms of settlement are

incorporated in Para-10 (a) to (s) of the aforesaid Settlement Agreement

dated 17.09.2021 and the present suit be decreed in terms thereof.

5. Learned counsel appearing on behalf of defendants submit that the

defendants undertake to abide by the terms of aforesaid Settlement

Agreement dated 17.09.2021.

6. This Court has gone through the contents of the mediated Settlement

Agreement dated 17.09.2021 and find it to be valid and lawful.

7. Accordingly, the present suit is decreed in terms of Settlement

agreement dated 17.09.2021, which shall form part of decree. Decree sheet

be accordingly drawn.

8. Needless to say, parties shall remain bound by the terms of the

Settlement Agreement dated 17.09.2021.

9. In view of above, present suit and all pending applications are

accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 22, 2021 ab