Khadi & Village Industries Commission v. Balasaheb Walnuj & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 345/2024 & I.A. 9490/2024 KHADI & VILLAGE INDUSTRIES COMMISSION .....Plaintiff Through:

Ms. Devyani Nath and Ms. Varni Sarin, Advocates.

versus BALASAHEB WALNUJ & ORS.

.....Defendants Through:

Mr. Chirag Jain and Mr. Kunal Goyal, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 04.04.2025 1.

Counsel for the defendants submits that the defendants no.1 to 4 have no objection if a decree of permanent injunction is passed against the them. He further submits that the defendants no.1 to 4 are willing to pay a sum of ₹ 50,000/- to the plaintiff towards costs and damages. 1.1 Costs of ₹ 50,000/- shall be paid within three (3) weeks from today, failing which the defendants no.1 to 4 shall be liable to pay interest on the aforesaid amount @ 9% per annum.

2.

In view of the aforesaid oral settlement between the parties, a decree of permanent injunction is passed in favour of the plaintiff and against defendants no. 1 to 4 in terms of prayer clauses 52 (i) and 52 (ii) of the plaint.

3.

Further, a decree in terms of prayer clause 52 (iii) is passed in favour CS(COMM) 345/2024 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 08/04/2025 at 11:59:45

of the plaintiff directing the defendant no. 5, the Domain Name Registrar ('DNR') to transfer defendants no. 1 to 4's website www.yuvedskhadi.com in favour of the plaintiff, subject to the plaintiff providing requisite information and paying the transfer charges.

4.

A decree in terms of prayer clause 52 (iv) is also passed in favour of the plaintiff, directing the defendants no. 1 to 4, not to use the e-mail avuvedskhadi@gmail.com.

5.

In terms of prayer clause 52 (vi), the defendants no. 1 to 4 undertake to destroy all product packaging, invoices, letter head etc. bearing the infringing marks 'AYUVED'S KHADI'/ / .

6.

Counsel for the plaintiff does not press for the remaining reliefs. 7.

Since the matter has been settled at an initial stage, 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. 8.

All pending applications stand disposed of.

AMIT BANSAL, J APRIL 4, 2025 kd CS(COMM) 345/2024 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 08/04/2025 at 11:59:45