Flamagas , S A & ANR v. Shiban Ahmed Alias Shiban Anzar

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 445/2019 FLAMAGAS , S A & ANR .....Petitioner Through:

Mr. Afzal B. Khan, Advocate with Mr.

Samik Mukherjee, Mr.

Manosij Mukherjee and Mr. Sharad Besoya, Advocates versus SHIBAN AHMED ALIAS SHIBAN ANZAR .....Respondent Through:

Mr.

Umesh Mishra and Ms.

Yashodhara Raina, Advocate

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 18.11.2024 CM APPL. 66909/2024& CONT.CAS(C) 445/2019 1.

Next date of hearing in the present contempt petition is 10.01.2025. 2.

However, present application has been moved to place on record settlement terms arrived at between the parties. 3.

In view of the contents of the aforesaid application, date is preponed and contempt petition is taken up today for disposal, with the consent of learned counsel for both the parties.

4.

The terms of settlement are recorded in MoU dated 05.07.2024. 5.

Learned counsel for petitioner also submits that in terms of the settlement, respondent nos. 1 & 2, who had allegedly infringed the trademark in question in violation of decree in question, have tendered unconditional apology.

CONT.CAS(C) 445/2019 1 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 02/07/2025 at 05:06:03

6.

Learned counsel for the petitioners states that since the matter has been amicably settled and since even the respondents have submitted their unconditional apology as is reflected in MoU, petitioners are no longer interested in pursuing with their present contempt petition. It is also submitted that in view of the aforesaid settlement, petitioners are not even pressing for any further relief in the matter. 7.

It is also informed by learned counsel for respondents that in terms of the settlement, respondents have already paid a sum of Rs. 4 lacs by way of demand draft in favour of the petitioners.

8.

In view of aforesaid settlement between the parties and the statements made today and also keeping in mind the unequivocal and specific apology tendered by the respondent nos. 1 & 2, present contempt petition stands disposed of as not pressed.

9.

The terms of the settlement shall also be read as part and parcel of the today's order.

10.

Needless to say, in case there is any further violation, petitioner would be at liberty to revive the present petition. 11.

Next fixed date of 10.01.2025 stands cancelled. MANOJ JAIN, J NOVEMBER 18, 2024/dr CONT.CAS(C) 445/2019 2 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 02/07/2025 at 05:06:03