[Cites 1, Cited by 0]
Delhi High Court
M/S Vikas Electricals India vs M/S Dev Enterprises & Anr on 17 February, 2026
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(COMM) 613/2025, CM APPL. 68632/2025, CM APPL.
68633/2025 & CM APPL. 1833/2026
M/S VIKAS ELECTRICALS INDIA .....Appellant
Through: Mr. Ninad Dogra and Mr.
Shantnu Aggarwal, Advs.
versus
M/S DEV ENTERPRISES & ANR. .....Respondents
Through: Mr. Rachit Gumber, Adv. along
with R-1 in person.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
% 17.02.2026
C. HARI SHANKAR, J.
1. Mr. Ninad Dogra, learned Counsel for the appellant submits
that the appellant does not press the present appeal against Respondent
2. He also submits that the dispute with Respondent 1 stands
settled. A copy of the settlement deed executed between the parties
has been placed on record. The terms of settlement read as under:
"1. It is agreed between the parties that SECOND PARTY
hereby unconditionally and unequivocally accept and
acknowledges the proprietary rights of the FIRST PARTY
in the trademark / device / label and
being used in relation to the goods i.e.
electrical tapes, domestic pvc types, industrial pvc adhesive
Signing Date:20.02.2026
15:56:37
tapes, etc.
2. It is agreed between the parties that the SECOND PARTY
agrees and undertakes that he will not henceforth use the
trademark , and and its
varients or other mark of the FIRST PARTY in respect of
goods i.e. electrical tapes, domestic pvc tapes, industrial
pvc adhesive tapes, etc. being identical with and / or
deceptively similar to the trademark / label / packaging /
device / design / colour scheme / trade dress of "FIONA"
and " nor shall be use any other marks
which is / are identical with and / or deceptively similar to
the aforesaid trademark i.e. and
".
3. That it has been further agreed and acknowledged by the
SECOND PARTY that the packaging/ trade dress/ colour
scheme as shown in ANNEXURE- A belongs to the FIRST
PARTY and the SECOND PARTY has no right, interest or
claim on the said packaging / trade dress/ label etc.
4. It is also agreed between the parties that the SECOND
PARTY undertakes not to use the said marks in any manner
and further the SECOND PARTY has submitted that the
trademark application No.4300677 filed by the SECOND
PARTY shall be withdrawn by him within one week from
the date of execution of the present settlement deed and
undertakes not to proceed further with the said application.
5. That the SECOND PARTY further represented that he has
already destroyed all such material including blocks,
packaging, labels, display boards, sign boards, trade
literature advertisement material, wrapper, trade dress,
packaging etc. bearing the mark "FIONA" in his power and
possession and undertakes to destroy the same if any such
material found in his possession. The FIRST PARTY also
undertakes to destroy all such material including blocks,
packaging, labels, advertisement material, trade dress,
packaging etc. bearing the mark "FIONA" in its power and
possession which was seized during the execution of local
commissioner proceedings.
6. It is also agreed between the parties that the abovesaid
appeal shall be decreed in terms of the present settlement
Signing Date:20.02.2026
15:56:37
since the SECOND PARTY acknowledge the rights and
claims of the FIRST PARTY subject to it unconditionally
withdrawing and forfeiting its claim of damages against the
SECOND PARTY.
7. It is agreed between the parties that the FIRST PARTY
hereby agrees that it shall give up its claims qua the
damages against the SECOND PARTY and shall have no
other claims whatsoever against the SECOND PARTY.
8. It is agreed between the parties that in case the SECOND
PARTY violates the terms of the present settlement, then he
shall be liable to pay the damages to the tune of Rs. 10
Lacs. This would be in addition to all other legal remedies
which the FIRST PARTY would be legally entitled to
initiate any proceedings against the SECOND PARTY.
9. That the SECOND PARTY also undertakes to withdraw the
opposition filed by him before Trademark Registry in the
TM Application No. 4308734 and 5823947 for the mark
"FIONA" of the FIRST PARTY.
10. That on the parties adhering to the terms hereof, no dispute
or difference shall remain surviving between the parties and
they undertake not to rake up or initiate any issue or action
in this regard against each other before any court/ forum/
authority at any time in future.
11. That the parties have confirmed and verified the terms
hereinbefore to be correct and have signed it without any
mistake, misrepresentation, threat, pressure, coercion or
undue influence from any quarter. Both sides undertake to
abide by these terms.
12. That it has been represented and confirmed by the
SECOND PARTY that all his right, title or interest in the
aforesaid marks i.e. 'FIONA' or its label/ packaging /trade
dress / colour scheme, etc. are extinguished and any person
claiming on his behalf never had nor shall also have any
right, title and interest in the mark / trade dress 'FIONA'.
13. That it has been agreed and undertaken by the parties that
they shall move an application before the Hon'ble High
Court of Delhi for recording of terms of settlement and
personally appear before the Hon'ble Court for recording of
their statement."
3. In the Settlement Agreement, the first party is Mr. Vikas Gupta,
sole proprietor of the appellant and the second party is Mr. Radhey
Shyam Sharma, sole proprietor of Respondent 1.
4. We have perused the terms of settlement and find them to be
legal and enforceable in law.
5. Learned Counsel for the parties as well as their respective
clients are present in person. They undertake to abide by the terms of
settlement.
6. In view thereof, no dispute survives for adjudication in the
present appeal. Accordingly, the impugned order dated 29 May 2025
stands set aside as the parties have settled the dispute between them.
7. The present appeal as well as CS (Comm) No. 527/2023 stands
disposed of in terms of the aforesaid settlement agreement. The
Registry is directed to draw a decree sheet accordingly.
8. In accordance with Section 16A(iii) of the Court Fees Act,
1870, we direct that the appellant would be entitled to refund of half
the Court fees deposited by it.
C. HARI SHANKAR, J
OM PRAKASH SHUKLA, J
FEBRUARY 17, 2026/gunn
