Madhusudan Industries Ltd vs Regency Sanitary Wares Ltd
2023 Latest Caselaw 1992 Guj

       C/FA/1126/2003                                ORDER DATED: 01/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1126 of 2003
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                        MADHUSUDAN INDUSTRIES LTD
                                  Versus
                        REGENCY SANITARY WARES LTD
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Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MS PUJA ACHARYA for DR RAJESH H ACHARYA(2233) for the
Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 01/03/2023
                                 ORAL ORDER

1. Heard learned Advocate Mr. Dakshesh Mehta on behalf of the

appellant and learned Advocate Ms. Puja Acharya for learned Advocate

Dr. Rajesh H. Acharya on behalf of the respondent no. 1.

2. Learned Advocate Ms. Acharya would submit that they may be

permitted to withdraw their appearance, more particularly, since they do

not have any instructions and intimation sent to the respondent by

Registered Post AD has returned back with the endorsement 'not known'.

3. Be that as it may, it would appear that the parties i.e. the appellant

and the opponent have entered into settlement and whereas, a copy of the

consent terms with regard to the settlement having been provided by

learned Advocate Mr. Mehta on behalf of the appellant, dated 01.12.2009

C/FA/1126/2003 ORDER DATED: 01/03/2023

whereby, both the parties have entered into an arrangement with regard to

trademark CERA and trademark RECERA (trademark in dispute). It

appears that by way of the consent terms, the parties have agreed that the

respondent herein would not use the trademark RECERA or any

deceptive trademark similar to the registered trademark CERA (with or

without the logo). It also appears that the parties have also agreed to

dispose of /withdraw all the proceedings which have been filed by either

all the parties, more particularly, paragraph no. 4 of the consent terms

inter alia stating about the appellant agreeing to withdraw

unconditionally the present first appeal.

4. This Court has also considered the submissions of learned

Advocate Mr. Mehta, more particularly, that based upon consent terms,

the appellant has withdrawn criminal complaint filed against the

opponent and whereas, the opponent has also withdrawn an application

for trademark RECERA.

5. Having regard such circumstances, more particularly, since it

appears that parties having entered into a settlement with regard to the

dispute where provisions have been made with regard to the present first

appeal and further the settlement have been acted upon by the parties, in

the considered opinion of this Court, no purpose would be served if the

C/FA/1126/2003 ORDER DATED: 01/03/2023

present first appeal is permitted to remain pending or to issue notice to

the respondent on account of the request for withdrawal of appearance by

the learned Advocate appearing for the opponent herein. Furthermore, in

view of the consent terms the first appeal, in the considered opinion of

this Court, is required to be disposed of.

6. Considering the above, the present first appeal is disposed of on

basis of consent terms between the parties dated 01.12.2009 which is

directed to be taken on record. It is further clarified that dismissal of the

Suit preferred by the appellant by way of the impugned judgment dated

10.04.2003 in Civil Suit No. 2384 of 2000 by the learned Judge, Court

No. 13, City Civil Court, Ahmedabad shall not come in the way of the

present appellant in any other proceedings which have been preferred by

them.

7. With these observations and directions, the present application is

disposed of. Record and proceedings to be transmitted back to the

concerned Court.

(NIKHIL S. KARIEL,J) Mrs. J. J. Kedia