Delhi High Court
Haldiram India Pvt. Ltd vs M/S Krishnashree Foods & Ors. on 30 May, 2023
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 262/2023
HALDIRAM INDIA PVT. LTD ..... Plaintiff
Through: Mr. Neeraj Grover and Ms.
Ayushi Chandra, Advs.
Versus
M/S KRISHNASHREE FOODS & ORS. ..... Defendants
Through: Mr. Aditya Shankar Prasad, Mr.
Sameer Kumar, Mr. Shah Rukh Ahmad and
Mr. Mandeep Baisala, Advs. for Defendants
1 and 2
Mr. Manoj Singh, Adv. for Defendant 3
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 30.05.2023
CS(COMM) 262/2023 and IA 10791/2023 (Order XXIII Rule 3 of
the CPC)
1. The disputes between the parties stand settled and a joint
application under Order XXIII Rule 3 of the Code of Civil Procedure,
1908 (CPC) has been filed for decreeing the suit in terms of the
settlement arrived at among the parties.
2. The terms of settlement read as under:
"6.1 The Defendant Nos. 1 & 2 admit the Plaintiff to be the
owner of the trademark(s) HALDIRAM'S, HALDIRAM
BHUJIAWALA, and/or for the entire
territory of India and abroad except the State of West Bengal
Signature Not Verified
RAWAT
Signing Date:31.05.2023
15:51:12
inter alia in respect of all kind food item, packed foods,
Namkeens, Sweets and/or restaurant services under the
common law as well as under the provisions of Trade Marks
Act 1999 by virtue of various registrations including the
registrations under no. 285062 in class 30 and various other
registrations in various classes detailed in the Plaint.
6.2 The Defendant Nos. 1 & 2 further acknowledge the
Plaintiff to be the owner of Copyright under the provisions of
the Copyright Act 1957 in respect of the original artistic work
pertaining to and/or and numerous
packaging label(s) under the marks and/or
bearing distinctive get-up, layout, colour
combination and arrangements.
6.3 The Defendant Nos.1 & 2 further undertake that they
shall not directly or indirectly in any manner at any time in
future manufacture & sell goods under the trade mark(s)
HALDIRAM'S, HALDIRAM BHUJIAWALA,
and/or
and/or and/or any other mark as may be identical
and/or deceptively similar to the mark in respect of any food
related goods or articles or do any such act which may
constitute infringement of trademarks, copyrights and/or
passing off.
6.4 The Defendant Nos. 1 & 2 further undertake that they
shall not directly or indirectly in any manner at any time in
represent themselves as being connected with the Plaintiff by
using HALDIRAM'S, HALDIRAM BHUJIAWALA,
and/or and/or and/or any other mark
as may be identical and/ or deceptively similar to the mark in
respect of any food related services or email ids or food
delivery services etc. or use such mark in relation to their
packing material, napkins, polypacks, hand bags, etc. or use
the same in any manner whatsoever, as may amount to the tort
Signature Not Verified
RAWAT
Signing Date:31.05.2023
15:51:12
of passing off. They further agree that the staff at their
restaurants shall not hereinafter wear any T-shirts/caps etc
with the impression of the marks of the Plaintiff.
6.5 The Defendant No. 2 herein further admits that the
Franchise Agreement 14.10.2011 executed in his favour by
Defendant No.3 has expired by efflux of time on 13.10.2020
and is not valid anymore.
6.6 The Defendant No.1 & 2 further agree and undertake
that in case they become the distributors and/ or Super
stockiest of the Defendant No.3 to distribute his pre packed
goods bearing the marks and/or
at any time in future, they shall strictly do
so in compliance with Settlement Agreement dated 03.05.2016
executed between the Plaintiff and Defendant No.3, copy
whereof is available with them and terms whereof have been
clearly understood by them. The Defendant No.1 & 2 have
clearly understood that Defendant No.3, does not have any
right for granting any franchise directly or indirectly for
allowing any third party to run any restaurant in the territory of
the Plaintiff under the marks and/or
and they shall always abide by the same.
6.7 That the Defendant Nos. 1 & 2 hereby further agree and
undertake that in case they are found indulging in any act of
infringement or passing off with respect to the Plaintiff's rights
acknowledged hereinabove and in case they are found to be
conducting their busines in any manner as may be in
contravention of the terms of the present Settlement or even
the Settlement Agreement dated 3.5.2016, they shall be liable
to pay liquidated damages to the tune of ₹2,00,00,000/- (Rs.
Two Crores) to the plaintiff in addition to other legal remedies
including being liable under the Contempt of Court Act, 1973.
6.8 The Defendant Nos. 1 & 2 further agree to suffer a
Decree of Permanent injunction as sought in para 46 (a) to (c)
of the Plaint.
Signature Not Verified
RAWAT
Signing Date:31.05.2023
15:51:12
6.9 That in the light of the aforesaid undertakings, the
Plaintiff hereby agrees to give its no objection to the use the
existing packing material under the marks
and/or , as is already
available with the Defendant Nos. 1 & 2 on or before
18.6.2023.
6.10 That further, in the light of the aforementioned
undertakings, the plaintiff agrees not to pursue its claim for
delivery up, rendition of accounts, damages and costs against
the Defendant and foregoes the prayers as claimed in para 46
(e) to (h) of the Plaint.
6.11 Further, in the light of the fact that the Defendant No.1
& 2 have not claimed to have any subsisting license or any
agreement or authorization from Defendant No.3, the Plaintiff
agrees to withdraw its prayer made in Para 46 (d) of the Plaint
and drop its claim against Defendant No. 3 in the present suit."
3. Mr. Grover points out that in the Settlement Agreement itself, it
is made clear that the plaintiff has no claim against Defendant 3.
4. The parties are represented by learned Counsel who agree on
behalf of their respective clients to abide by the terms of settlement.
5. The Court has perused the terms of settlement and finds them to
be legal and in order.
6. In view thereof, nothing survives for adjudication in the present
suit, which stands decreed in terms of the aforesaid settlement arrived
at among the parties. The parties shall remain bound by the terms of
settlement.
7. Let a decree-sheet be drawn up accordingly.
Signature Not Verified
RAWAT
Signing Date:31.05.2023
15:51:12
8. The plaintiff would be entitled to refund of the court fee, if any,
deposited by it.
9. Miscellaneous application also stands disposed of.
10. The date already fixed, i.e. 4th August 2023 is cancelled.
C.HARI SHANKAR, J
MAY 30, 2023
rb
Signature Not Verified
RAWAT
Signing Date:31.05.2023
15:51:12
