Full Judgment Text
Neutral Citation Number : 2023/DHC/001853
$~34 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 124/2022 and IA 2985/2022 (Order XXXIX Rules
1 and 2 of the CPC)
SUNIT SHAH ..... Plaintiff
Through: Mr. Umesh Mishra and Mr.
Vishal Patel, Advs.
Versus
TRILOK FOODS PVT LTD ..... Defendant
Through: Mr. Priyank Goel, Adv.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 14.03.2023
1. The disputes between the parties stand settled with the
intervention of the Delhi High Court Mediation and Conciliation
th
Centre. Settlement Agreement dated 27 January 2023 has been
placed on record. The terms of settlement read thus:
“6.1. The Defendant acknowledges that the Plaintiff are the
owners of all intellectual property pertaining to the HOT
MIX/SHAH HOT MDC (LABEL) as mentioned in the plaint and
agrees to not contest the same in the future.
6.2. The Defendant undertakes not to commit any act of
infringement and/or passing off by the use of the mark of the
Plaintiff and/or any other mark which is identical and/or
deceptively similar to the plaintiffs registered mark/artistic work.
6.3. The Defendant undertakes to not use the scripts, fonts,
positions and placement of any features, get ups, lay outs,
combination of colours and arrangement as are identical or
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:15.03.2023
12:35:28
CS(COMM) 124/2022 page 1 of 5
Neutral Citation Number : 2023/DHC/001853
deceptively similar to the features, get ups, lay-outs, positions and
placement or combination of colours of the Plaintiffs trade
dress/packaging materials.
6.4. The Defendant undertakes to not sell its goods/ products
in the current packaging and agrees and undertakes to use the
mark HOTKING MIXTURE with the new agreed upon packing
only as detailed i.e.
of the present Settlement
Agreement to which the Plaintiff has no objection thereof, which
is enclosed as Annexure-3.
6.5. That the defendant also undertakes that it shall not usehhe
trademark HOT MIX/SHAH HOT MIX (LABEL) and any other
mark with the combination of HOT and MIX or the combination
which is a variant of the said to words/marks i.e. HOT and MIX
besides the agreed upon packaging as enclosed in Annexure-3.
6.6. The Defendant undertakes that the defendant shall
withdraw any and all trademark applications filed by the
defendant for the registration of the trademark BALAJ1 HOT
MIX/HOT MIX and in any event agrees to not press any of its
application after signing of the present Agreement.
6.7. The parties agree that the packaging materials i.e.
which had been seized by the Local
Commissioner appointed by this Hon'ble Court on 08.03.2022
and sealed and kept at the premises of the Defendant at A-2/9-10,
Sector-17, Kavi Nagar Industrial Area, Ghaziabad-201002, (U.P.)
as enshrined in the LC Inventory list enclosed as Annexure-4 will
be destroyed in the presence of the representative of the Plaintiff
on 05.02.2023 at 11 a.m., but in any event the same shall be
carried out latest by 10.02.2023, at the cost of the Defendant.
6.8. The parties further agree that the other packaging i.e.
and
which were lying at other
location i.e. House No.-605 F/F, Kb- No.121/122, Krishna Gali,
Maujpur, Delhi 110053, which were not seized will be sold by the
Defendant by putting/adding a sticker on the said packaging and
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:15.03.2023
12:35:28
CS(COMM) 124/2022 page 1 of 5
Neutral Citation Number : 2023/DHC/001853
the parties agrees that the same shall be disposed off within a
period of four months and not later than 30.05.2023. The copy of
the same is also enclosed as Annexure-5.
6.9. After filing of the present Suit, the Defendant had also
prepared new packaging subsequent packing i.e.
which the parties undertake and agree shall be used by the
Defendant within a period of four months and not later than
30.05.2023 and the same is also enclosed as Annexure-6.
6.10. The Defendant agrees that after the expiry of the
aforestated period i.e. 30.05.2023, the Defendant shall cease and
desist from using all of the said packaging material mentioned in
paragraph 6.8 and 6.9 in any manner whatsoever and shall destroy
all of the packaging materials at its own cost. As the packaging
material bears manufacturing stamps, the Defendant in undertakes
that said packaging material will not be used in any manner
beyond 30.05.2023.
6.11. That the defendant further undertakes to pay a sum of INR
1,00,000/- (Indian National Rupee One Lac Only) to the plaintiff
towards token damages which has already been made via UTR
no. N023232300542459 into the bank account bearing no.
5145089972 at Kotak Maliindra Bank of the Plaintiff and the
Plaintiff confirms and acknowledges the payment thereof.
6.12. The defendant has no objection if a present matter is
disposed in terms of the present settlement and in terms prayers
made in paragraphs 33 (a) and (b) of the plaint which is
reproduced hereinbelow:
(a) That this Hon'ble Court may kindly be pleased to
restrain the defendant, its proprietor, partners, associates,
sister concerns, dealers; distributors through himself and
through servants, agents, assigns and representatives and
others actingf or and on his behalff rom processing,
selling, offeringf or sale, advertising directly and
indirectly dealing in impugned goods included in Class-
30 bearing the impugned trademark/label HOT MIX or
any other trademark/label as may be identical with or
deceptively similar to plaintiffs said trademark/label
SHAH HOT MIX, which results in infringement and
passing off of said trademark/label ofplaintiff.
(b) That this Hon'ble Court may kindly be pleased to
restrain the defendant, his proprietor, partners, associates,
sister concerns, dealers, distributors through himself and
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:15.03.2023
12:35:28
CS(COMM) 124/2022 page 1 of 5
Neutral Citation Number : 2023/DHC/001853
through servants, agents, assigns and representatives and
all others actingf or and on their behalff rom processing,
selling, offering for sale, advertising directly and
indirectly dealing in impugned goods included in Class-30
bearing the impugned artistic work
or any
other artistic work as may be identical with or deceptively
similar to plaintiff’s said artistic works
which results in infringement and passing off of said
artistic work of plaintiff;
6.13. In view of the above undertakings tendered by the
Defendant, the plaintiff forgoes all of the other including that of
rendition of accounts, damages and costs of the proceedings.”
2. In view of the aforesaid settlement, nothing survives for
adjudication in the present case.
3. Learned Counsel for the parties are present. They undertake on
behalf of their respective clients to remain bound by the terms of the
settlement.
4. As such, the suit stands decreed in terms of the aforesaid
th
Settlement Agreement dated 27 January 2023, by which the parties
shall remain bound.
5. The Registry is directed to draw up a decree-sheet accordingly.
6. The plaintiff would be entitled to refund of the court fees, if
any, deposited by the plaintiff.
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:15.03.2023
12:35:28
CS(COMM) 124/2022 page 1 of 5
Neutral Citation Number : 2023/DHC/001853
7. Miscellaneous application does not survive for consideration
and is disposed of accordingly.
C.HARI SHANKAR, J
MARCH 14, 2023
rb
Signature Not Verified
Digitally Signed
By:SUNIL SINGH NEGI
Signing Date:15.03.2023
12:35:28
CS(COMM) 124/2022 page 1 of 5