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High Court of DelhiCS(COMM)/78/2020

J.C. Bamford Excavators Limited v. Master Alloys Limited & ORS.

2025-05-16Hon'Ble Mr. Justice Amit Bansal2 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 78/2020 with I.A. 2605/2022 and I.A. 3692/2024 and I.A. 12365/2025 J.C. BAMFORD EXCAVATORS LIMITED .....Plaintiff Through:

Mr. Ankit Jain, Senior Advocate with Ms. Ila Kapoor, Ms. Maidini Phool and Ms Prakrati Sharma, Advocates.

versus MASTER ALLOYS LIMITED & ORS.

.....Defendants Through:

Mr. Mandeep Kalra, Ms. Anushka Satapathy, Ms. Radhika Jalan, Ms.

Widaphi Lymgdoh, Mr. Yashas J. Ms.

Shweta Singh, Mr. Vaibhav Yadav, Mr. Paras Mohan Sharma and Ms.

Shefali Tripathi, Advocates for D-1.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 16.05.2025 1.

Mr. Mandeep Kalra, counsel appearing on behalf of the defendant no.1, submits, on instructions, that the defendant no.1 has neither used the impugned marks 'JCB', 'JOB'/ '

' or the tread design '

'/ '

' of the plaintiff after termination of the License Agreement between the plaintiff and the defendant no.1, nor has any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2025 at 13:11:04 CS(COMM) 78/2020

intention to do so in the future.

2.

The aforesaid statement of counsel for the defendant no.1 is taken on record.

3.

The defendant no.1 shall be bound by the same. 4.

Mr. Ankit Jain, senior counsel appearing on behalf of the plaintiff, submits that the plaintiff has no objection with the defendant no.1 using the mark 'MAL'.

5.

Taking the aforesaid statements on record, the present suit stands disposed of.

6.

All pending applications stand disposed of.

7.

Since the matter has been settled at an early stage, Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the plaintiff, through its counsel - Shardul Amarchand Magaldas & Co., in terms of Section 16 of the Court Fees Act, 1870. AMIT BANSAL, J MAY 16, 2025 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2025 at 13:11:04 CS(COMM) 78/2020