Avery Dennison (India) Private Limited vs 3M India Limited
2024 Latest Caselaw 6663 Kant

Karnataka High Court

Avery Dennison (India) Private Limited vs 3M India Limited on 6 March, 2024

Author: K.Somashekar

Bench: K.Somashekar

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                                                         NC: 2024:KHC:9516-DB
                                                           OSA No. 8 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF MARCH, 2024

                                         PRESENT
                          THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                              AND
                           THE HON'BLE MR JUSTICE RAJESH RAI K
                         ORIGINAL SIDE APPEAL NO. 8 OF 2022 (IPR)
                 BETWEEN:

                       AVERY DENNISON (INDIA) PRIVATE LIMITED
                       P-24 GREEN PARK EXTENSION
                       NEW DELHI-110116, INDIA
                       ALSO AT PLOT NO.6B
                       1ST MAIN ROAD, KIADB PHASE 1
                       PEENYA INDUTRIAL AREA
                       BENGALURU, KARNATAKA-560058
                       REP. BY ITS AUTHORISED SIGNATORY.
                                                                 ...APPELLANT
Digitally        (BY SRI. ARJUN SANTHOSH - ADVOCATE)
signed by
SUMATHY
KANNAN           AND:
Location: High
Court of         1.    3M INDIA LIMITED
Karnataka              PLOT NO.48-51
                       ELECTRONIC CITY
                       HOSUR ROAD, BENGALURU-560100
                       REP. BY ITS AUTHORISED SIGNATORY

                 2.    3M INNOVATIVE PROPERTIES COMPANY
                       3M CENTER ST. PAUL, MINNESOTA
                       UNITED STATE OF AMERICA
                       REP. BY ITS AUTHORISED SIGNATORY
                                                              ...RESPONDENTS
                 (BY SRI.SATYAM     RATHORE    -    ADVOCATE/CAVEATOR    FOR
                 RESPONDENT)
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                                         NC: 2024:KHC:9516-DB
                                             OSA No. 8 of 2022




     THIS OSA FILED UNDER ORDER 43 RULE 1(r) OF CPC,
1908,R/W SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961
PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED
30.11.2021   PASSED     BY   THIS    COURT   ON   I.A.NO.1   AND
I.A.NO.2 IN O.S.NO.6/2021 AND CONSEQUENTLY DISMISS
I.A.NO.1 FILED BY THE RESPONDENTS IN THE SAID SUIT.

     THIS OSA, COMING ON FOR ADMISSION, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel Shri Arjun Santhosh for appellant is

present before Court. Similarly, learned counsel Shri Satyam

Rathore for respondents as well is present before Court.

2. Learned counsel for the appellant has filed a memo

dated 06.03.2024 seeking to withdraw the appeal. It is stated

in the memo that the present appeal was filed challenging the

order dated 30.11.2021 of the learned Single Judge in

O.S.No.6/2021 granting temporary injunction in favour of the

respondents herein and thereby restraining the appellant from

manufacturing, marketing and selling the "Flexible Median

Markers" embodying the respondents' registered design bearing

No.280506. It is stated in the memo that thereafter, the

parties have mutually decided to settle the dispute and have

NC: 2024:KHC:9516-DB

accordingly signed an application in O.S.No.6/2021 under Order

XXIII Rule 3 read with Section 151 of the CPC, for decreeing

the suit in terms of the settlement. A copy of the said

application is also attached as Annexure-"A". In view of the

same, learned counsel for the appellant prays this Court to take

the memo on record and to allow the appellant to withdraw the

present appeal.

3. In view of the fact that the issue between the parties

has been mutually settled, the memo filed by the learned

counsel for the appellant is taken on record and the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

KS