IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : Code of Civil Procedure, 1908
IA No. 12460/2007 and CS (OS) 1942/2006
Judgment delivered on : 31.10.2007
M/S BALAR MARKETING PVT.
LTD. .......Plaintiff
-versus
N. RAMU DEVI ........
Defendant
Advocates who appeared in this case: For the
Plaintiff : Mr Ajay Amitabh Suman For the Defendant : Ms Sandeep Kumar
BADAR DURREZ
AHMED, J (ORAL)
1
This
is a joint application filed on behalf of the plaintiff and the defendant under
Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 for
recording the compromise / settlement arrived at between the parties and for
decreeing the suit in terms thereof.
2
The
plaintiff had instituted the suit in respect of its trademarks KUNDAN and
KUNDAN CAB in respect of electric accessories and fittings including electric
switch gears, main switches, fuse unit wires and cables. The defendant had
adopted the mark KHUMAN CAB in respect of the same goods. Now, the parties have
settled the disputes whereby the defendant has acknowledged that the plaintiff
is the proprietor of the trademarks KUNDAN and KUNDAN CAB in respect of the
said goods. The defendant has also undertaken not to directly or indirectly
manufacture any of the goods in question under or using the imitation labels or
any other packaging material and /or wrapper bearing the trade marks KUNDAN
CAB, KHUMAN CAB and KHUMAN CAB LABEL or any other deceptively similar trademark
as that of the plaintiff. It has also been agreed that the defendant shall not
use any artistic work, colour scheme, getup or layout which is similar to that
of the plaintiff's artistic work, colour scheme, getup or layout in respect of
the said goods. The defendant has also undertaken to withdraw the application
for registration of the trademark KHUMAN CAB which she had filed before the
Trade Mark Registry. The parties have agreed that the suit may be decreed in
terms of paragraph 26 (i) (a),
(b) and (c)
of the plaint. The plaintiff has agreed to give up all the other reliefs
claimed by it in the plaint. The parties have also agreed that they shall be
bound by the terms of this settlement and that it also binds their agents,
representatives, legal heirs and all other persons claiming under them.
3.
The application has been signed by Smt. N. Ramu Devi, who is the proprietor of
the defendant concern. It has also been signed by Mr Paras Jain, who is a
director in the plaintiff
company.
The application is also signed by the respective counsel for the parties. The
application is also supported by affidavits of the said Smt. N. Ramu Devi and
Mr Paras Jain.
2
I
have examined the contents of the compromise/ settlement, arrived at between
the parties and I find the same to be lawful. Accordingly, the compromise is
taken on record. The suit is decreed in terms of paragraph 26(i) (a), (b) and
(c) of the plaint. The suit is dismissed in respect of the other prayers. This
application is marked as Ext. C-1 and shall form part of the decree. The formal
decree be drawn up. This application, the suit and other pending applications
stand disposed of. The next date of 16.11.2007 stands cancelled.
Sd./-BADAR DURREZ
AHMED,J
October 31, 2007
