Girish Hosiery Private Limited v. Duke Fashions Pvt. Ltd.

$~20 to 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI (20) C.O. (COMM.IPD-TM) 340/2022 GIRISH HOSIERY PVT LTD. 3023, KAYASTHAN LANE, BAHADUR GARH ROAD, DELHI Das, Advocates.

DUKE FASHION INDIA LTD. G.T. ROAD, NEAR JALANDHAR BYE PASS, LUDHIANA (21) C.O. (COMM.IPD-TM) 411/2022 GIRISH HOSIERY PRIVATE LIMITED, 3023, KYASTHAN LANE, BAHADUR GARH ROAD, DELHI Das, Advocates.

DUKE FASHIONS PVT LTD. G.T. ROAD, NEAR JALANDHAR BYE PASS, LUDHIANA, PUNJAB.

(22) C.O. (COMM.IPD-TM) 508/2022 GIRISH HOSIERY PRIVATE LIMITED Das, Advocates.

DUKE FASHION (INDIA) LIMITED (23) C.O. (COMM.IPD-TM) 516/2022 GIRISH HOSIERY PVT LTD. 3023, KAYASTHAN LANE, C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 1 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

BAHADUR GARH ROAD, DELHI Das, Advocates DUKE FASHION INDIA LTD. G.T. ROAD, NEAR JALANDHAR BYE PASS, LUDHIANA (24) C.O. (COMM.IPD-TM) 539/2022 GIRISH HOSIERY PVT LTD Das, Advocates DUKE FASIONS PVT LTD (25) C.O. (COMM.IPD-TM) 555/2022 GIRISH HOSIERY PRIVATE LIMITED Das, Advocates DUKE FASHION INDIA LIMITED AND ANR .....Respondents (26) C.O. (COMM.IPD-TM) 564/2022 GIRISH HOSIERY PVT LTD.

Das, Advocates DUKE FASHION INDIA LTD.

....Respondent (27) C.O. (COMM.IPD-TM) 579/2022 GIRISH HOSIERY PVT LTD C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 2 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Das, Advocates DUKE FASHION INDIA LTD (28) C.O. (COMM.IPD-TM) 639/2022 GIRISH HOSIERY PRIVATE LIMITED Das, Advocates DUKE FASHIONS PVT. LTD.

(29) C.O. (COMM.IPD-TM) 650/2022 GIRISH HOSIERY PVT LTD.

Das, Advocates DUKE FASHION INDIA LTD. AND ANR .....Respondents

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 21.01.2026 1.

Mr. Sagar Chandra, learned counsel for the plaintiff and Mr. Ayush Samaddar, learned counsel appearing for the respondent jointly submit that out of Court settlement talks have fructified into terms which have been agreed and reduced into writing vide the Settlement Agreement dated 05.12.2025. 2.

He submits that this Settlement Agreement covers (C.O.

(COMM.IPD-TM) 340/2022, C.O. (COMM.IPD-TM) 411/2022, C.O. (COMM.IPD-TM) 508/2022, C.O. (COMM.IPD-TM) 516/2022, C.O. C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 3 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(COMM.IPD-TM) 539/2022, C.O. (COMM.IPD-TM) 555/2022, C.O. (COMM.IPD-TM) 564/2022, C.O. (COMM.IPD-TM) 579/2022, C.O. (COMM.IPD-TM) 639/2022, C.O. (COMM.IPD-TM) 650/2022). 3.

This Court notes that the Clause 4 of the Settlement Agreement enlists the disputes in respect of individual trade mark registration. It is also noted that the terms of settlement which have been mutually agreed between the parties are enumerated in para 9 commencing from sub-para (a) to (y). In respect of the dispute in regard to the rectification petition before this Court, para 9(t) would be the governing clause between the parties.

4.

It is stated that in terms of the settlement agreement, the parties agreed to withdraw the respective rectification petitions pending before this Court as also the Calcutta High Court by moving an appropriate application before the respective High Courts within 15 days of the execution of present the Settlement Deed and the Assignment Deeds. Learned counsel for the respondent submits that so far as the rectification petitions pending before the Calcutta High Court are concerned, the same has already been withdrawn. 5.

Mr. Chandra, learned counsel for the petitioner submits that in terms of the Settlement Agreement, the petitioner may be permitted to withdraw the present petitions and states that an affidavit of undertaking to this effect shall be filed by the authorized representative of the petitioner within two days from date. The Settlement Agreement dated 05.12.2025 shall also be filed alongwith the affidavit by making a reference thereto. The same may be filed within two days.

6.

This Court has perused the terms of Settlement Agreement, and finds the same to be lawful and there does not seem to be any impediment in permitting the petitioner to withdraw the present petitions, subject to the filing of an affidavit of undertaking to be filed by the authorized representatives of the petitioner.

C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 4 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

The parties are bound by the terms of Settlement Agreement and the statements made above.

8.

In view of the aforesaid statements and keeping in view of the terms of the Settlement Agreement executed between the parties, the present petitions are dismissed as withdrawn.

TUSHAR RAO GEDELA, J JANUARY 21, 2026 Sumit C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 5 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.