High CourtsSingle Bench(2021) 09 DEL CK 0260

Colorbar Cosmetics Pvt. Ltd vs Deepak Jain & Ors

Delhi High Court · Decided on 22 September 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Disposed Of
CASE NUMBER
Civil Suit (COMM) No. 574 Of 2020, Miscellaneous Application No. 12678 Of 2020, 853, 4908, 8238-8239 Of 2021

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Judgment

10 paragraphs · 253 words

Suresh Kumar Kait, J

1.

The present suit has been filed by the plaintiff seeking permanent and mandatory injunction restraining the defendants from infringement of trade mark and copyright, passing off, dilution, acts of unfair competition, rendition of accounts/damages and delivery up.

2.

Vide order dated 07.04.2021, the matter was referred to the Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.

3.

This  court  is  informed  that  the  parties  have  mutually  settled  their disputes and the terms of the settlement have been incorporated in Settlement Agreement dated 17.09.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 17.09.2021 has come on record.

4.

Learned counsel for the plaintiff submits the terms of settlement are incorporated in Para-10 (a) to (s) of the aforesaid Settlement Agreement dated 17.09.2021 and the present suit be decreed in terms thereof.

5.

Learned counsel appearing on behalf of defendants submit that the defendants undertake to abide by the terms of aforesaid Settlement Agreement dated 17.09.2021.

6.

This Court has gone through the contents of the mediated Settlement Agreement dated 17.09.2021 and find it to be valid and lawful.

7.

Accordingly, the present suit is decreed in terms of Settlement agreement dated 17.09.2021, which shall form part of decree. Decree sheet be accordingly drawn.

8.

Needless to say, parties shall remain bound by the terms of the Settlement Agreement dated 17.09.2021.

9.

In view of above, present suit and all pending applications are accordingly disposed of.