Full Judgment Text
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 554/2021
APNATIME TECH PRIVATE LIMITED AND ANR.
..... Plaintiffs
Through: Ms. Diva Arora Menon, Adv.
Versus
APNA HR CONSULTANCY AND ORS. ..... Defendants
Through: Ms. Pritika Juneja, Mr. Anshul
Saurastri, Mr. Minesh Andharia, Mr. Jay
Shah, Advs. for D-2 and 5
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (ORAL)
% 27.07.2023
1. Learned Counsel for the parties submits ad idem that the dispute
in this present case stands settled by way of settlement agreement
dated 27 April 2023 drawn up under the aegis of the Delhi High Court
Mediation and Conciliation Centre, which is on record.
The terms of settlement read thus:
2.
“1. The Defendants agree and undertake not to use either
directly or indirectly the mark
and/or APNA,
with or without the prefix HR, and/or any mark identical or
deceptively similar to the Plaintiffs' trade marks, in a manner
as may amount to passing off the Defendants' services and
business as those of the Plaintiff. The, Defendants agree not to
file any application for registering the mark 'APNA' (word or
device mark) and/ or any other similar mark thereto before the
Trademark Registry in respect of human resource consultancy
Signature Not Verified
CS(COMM) 554/2021 Page 1 of 3
Signed By:HARIOM
Signing Date:31.07.2023
14:53:51
and recruitment services, services related to training and
educational and related services which would result in
violation of the Plaintiffs' rights in the trademark APNA.
2. The Defendants agree to cancel/withdraw its pending
under number
th
4838351, dated 28
trademark application
January 2021 in class 35 and file
necessary applications/letters with the Trademark Registry
within 14 (fourteen) days from the date of execution of this
Settlement Agreement and provide proof of the same to the
Plaintiffs.
3. The Defendants agree and undertake to cease using and
operating the domain name
www.apnahr.in and transfer the
same to the Plaintiffs without consideration within a period of
15 (fifteen) days from the date of signing this Settlement
Agreement.
4. The Plaintiffs shall make an appropriate application for
deletion of the name of Defendant No.1 from the array of
parties on or before recording the terms of this Settlement
Agreement before the Hon'ble Court.
5. In view of this Settlement Agreement, the Plaintiffs do
not press for other monetary reliefs as claimed in the said
Suit.”
3. Learned Counsel for the parties agree, on behalf of their
respective clients, to abide by the terms of settlement.
4. The Court has perused the terms of settlement and find them to
be in order and enforceable.
5. As such, nothing survives for adjudication in the present suit.
Signature Not Verified
CS(COMM) 554/2021 Page 2 of 3
Signed By:HARIOM
Signing Date:31.07.2023
14:53:51
6. The suit accordingly stands decreed in terms of the Settlement
Agreement dated 27 April 2023.
7. Both parties shall remain bound by the terms of settlement as
reproduced hereinabove.
The plaintiffs shall be entitled to refund of 50% court fees, if
8.
any, deposited by it.
9. Let a decree sheet be drawn up by the Registry accordingly.
C. HARI SHANKAR, J.
JULY 27, 2023
dsn
Signature Not Verified
CS(COMM) 554/2021 Page 3 of 3
Signed By:HARIOM
Signing Date:31.07.2023
14:53:51