M/S F.K. Bearing Group Co. Ltd. 132, Pengmei Road, Nana City, Fujian-362300 China v. M/S/ Modern Machinery Stores G.T. Road, Opposite Jagraon Bridge Ludhinana - 141008 Pune

$~6 to 10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.O. (COMM.IPD-TM) 138/2022 M/S F.K. BEARING GROUP CO. LTD.

.....Petitioner Through:

Mr. Siddharth Babha, Advocate versus M/S MODERN MACHINERY STORES AND ANR .....Respondents Through:

Mr. Raghav Bhalla, Advocate + W.P.(C)-IPD 11/2021 with CM 37/2021 and CM 38/2021 M/S MODERN MACHINERY STORES .....Petitioner Through:

Mr. Raghav Bhalla, Advocate versus THE CONTROLLER GENERAL OF PATENT DESIGNS AND TRADE MARKS & ORS.

.....Respondents Through:

Mr.

Vijay Joshi, Mr.

Shubham Chaturvedi and Mr. Hemant Goyal, Advocates Mr. Siddharth Babha, Advocate for R-2 + C.O. (COMM.IPD-TM) 245/2022 M/S. F.K. BEARING GROUP CO. LTD.

.....Petitioner Through:

Mr. Siddharth Babha, Advocate versus M/S. MODERN MACHINERY STORES AND ANR .....Respondent Through:

Mr. Raghav Bhalla, Advocate + C.O. (COMM.IPD-TM) 272/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

M/S F.K BEARING GROUP CO. LTD .....Petitioner Through:

Mr. Siddharth Babha, Advocate versus MODERN MACHINERY STORES .....Respondent Through:

Mr. Raghav Bhalla, Advocate + C.O. (COMM.IPD-TM) 659/2022 with I.A. 6264/2023 M/S F.K. BEARING GROUP CO. LTD.

.....Petitioner Through:

Mr. Siddharth Babha, Advocate versus MODERN MACHINERY STORES AND ANR .....Respondents Through:

Mr. Raghav Bhalla, Advocate

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 10.02.2025 1.

Parties have settled their disputes in the mediation proceedings before Delhi High Court Mediation and Conciliation Centre. 2.

The original settlement agreement has been filed in FAO (COMM) 92/2022. A copy of the settlement agreement has been handed over in Court today.

3.

For the purpose of good order and record, the Registry is directed to scan a copy of the aforesaid settlement agreement and incorporate the same in the digitized records of these petitions.

4.

In terms of the aforesaid settlement, the four rectification petitions have to be allowed and W.P.(C)-IPD 11/2021 has to be withdrawn. 5.

Accordingly, based on the aforesaid settlement agreement, the following directions are passed:

5.1.

C.O.(COMM.IPD-TM) 138 of 2022 seeking cancellation of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registration of respondent no.1's mark/label under no.4044150 in Class 35, is allowed.

5.2.

C.O.(COMM.IPD-TM) 245 of 2022 seeking cancellation of registration of respondent no.1's mark "FK13" under no.2478897 in Class 35, is allowed.

5.3.

C.O.(COMM-IPD-TM) 272 of 2022 seeking cancellation of registration of respondent no.1's mark "FKI 3" under no.2478896 in Class 07, is allowed.

5.4.

C.O.(COMM.IPD-TM) 659 of 2022 seeking cancellation of registration of respondent no.1's mark/label " " under no.4441647 in Class 35, is allowed.

5.5.

W.P.(C)-IPD 11/2021 is dismissed as withdrawn. 6.

In light of the directions passed above, all the aforesaid petitions stand disposed of.

7.

The Registry is directed to send a copy of this order to the Trade Marks Registry on email llc-ipo@gov.in for compliance of the directions in this order.

AMIT BANSAL, J FEBRUARY 10, 2025 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.