Jhs Svendgaard Laboratories Limited v. Ranir Llc

$~21 & 22 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

21.

+ C.O. (COMM.IPD-TM) 45/2024 JHS SVENDGAARD LABORATORIES LIMITED .....Petitioner Through:

Mr. Kapil Wadhwa and Ms. Brinda Nagaraja, Advocates.

versus RANIR LLC & ANR.

.....Respondents Through:

Mr. C.A. Brijesh and Ms. Simaranjot Kaur, Advocates for R-1.

22.

+ CS(COMM) 32/2019 with I.A. 957/2019 JHS SVENGARD LABORATORIES LIMITED .....Plaintiff Through:

Mr. Kapil Wadhwa and Ms. Brinda Nagaraja, Advocates versus RANIR LLC & ANR.

.....Defendants Through:

Mr. C.A. Brijesh and Ms. Simaranjot Kaur, Advocates for D-1.

Mr. Vivek Tyagi and Mr. Manish Dhir, Advocates for D-2.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 18.03.2025 CS(COMM) 32/2019 and I.A. 957/2019 (u/O-XXXIX Rules 1 and 2 of the CPC) 1.

Counsel for the parties submit that the parties have settled their dispute in the mediation proceedings before the Delhi High Court Mediation and Conciliation Centre.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

The Settlement Agreement dated 20th December, 2024 (hereinafter 'Settlement Agreement'), which bears the digital signatures of the authorized representatives of the plaintiff and the defendants, has been placed on record.

3.

I have gone through the terms of the Settlement Agreement and find the same to be lawful.

4.

The parties shall remain bound by the terms of the Settlement Agreement.

5.

In terms of the Settlement Agreement, a decree of permanent injunction is passed in favour of the plaintiff and against the defendants in terms of prayer clause contained in paragraphs no. 48(a) and 48(b) of the plaint. The plaintiff has agreed to forego the reliefs claimed in prayer clause contained in paragraphs no.48(c), 48(d) and 48(f) of the plaint. 6.

Decree sheet be drawn up accordingly.

7.

The Settlement Agreement shall be a part of the decree. 8.

In view of the fact that the matter has been settled in the mediation proceedings, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the Plaintiff, in terms of Section 16 of the Court Fees Act, 1870 read with Section 89 of the Code of Civil Procedure, 1908.

9.

All pending applications stand disposed of.

C.O. (COMM.IPD-TM) 45/2024 10.

In terms of the aforesaid Settlement Agreement arrived at between the parties, the present rectification petition is allowed and the Trade Marks Registry is directed to cancel the registration of the trade mark The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

bearing registration no. 2567299 in class 17 registered in the name of the respondent no.1. 11.

The Registry is directed to supply a copy of the present order to the Trade Marks Registry, at e-mail: llc-ipo@gov.in, for compliance. AMIT BANSAL, J MARCH 18, 2025 Vivek/- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.