Koninklijke Philips N.V. v. Vivo Mobile Communication Co. Ltd & ORS.
$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 9426/2025 IN + CS(COMM) 383/2020 KONINKLIJKE PHILIPS N.V.
.....Plaintiff Through:
Ms.
Saya Choudhary Kapur, Mr. Ashutosh Kumar, Mr. Devanshu Khanna, Mr. Munesh Kumar Sharma, Mr. Swanil Dey and Ms. Harshita Pothiraj, Advocates versus VIVO MOBILE COMMUNICATION CO. LTD & ORS.
.....Defendants Through:
Mr. Saikrishna Rajagopal, Ms. Anu Paarcha and Ms. N. Parvati, Advocates for D-1 & D-2
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 09.04.2025 I.A. 9426/2025 (u/O-XXIII Rule 3 of the CPC) 1.
This joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 along with supporting affidavits has been filed on behalf of the plaintiff and the defendants no.1 and 2 to record the terms of settlement arrived at between the parties.
2.
The terms of the settlement are detailed in paragraph no.4 of the present application.
3.
I have gone through the settlement terms and find the same to be lawful. 4.
The parties shall remain bound by the terms of the settlement. 5.
The present application shall form a part of the decree. CS(COMM) 383/2020 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 16/04/2025 at 12:25:45
6.
The application stands disposed of.
CS(COMM) 383/2020 and CC 4/2021 7.
In view of the order of settlement passed above, the following directions are passed:
a.
The present suit stands dismissed as withdrawn. b.
The counter claim filed on behalf of the defendants stands dismissed as withdrawn.
c.
The handsets filed by the plaintiff before this Court, details of which are given in paragraph no.7 of the aforesaid application, shall be released to counsel for the plaintiff.
d.
The confidential documents filed by both the parties in the present suit in sealed cover shall be returned to their respective counsel. e.
Both the parties, including their respective counsel, shall permanently delete all data and references pertaining to the other party's confidential information in their respective possession. f.
The plaintiff consents to the release of the restrictions imposed by this Court, vide order dated 17th November, 2020, on the immovable property and the superstructure of VIVO, namely 'IT Park - Plot No. 8, Sector 24, Yamuna Expressway Area, Uttar Pradesh'. 8.
The present suit is disposed of in the aforesaid terms. 9.
Let the decree sheet be drawn up.
10.
The pending applications stand disposed of.
11.
In the view of the above, the date of 29th July, 2025, already fixed before the Joint Registrar stands cancelled.
AMIT BANSAL, J APRIL 9, 2025/ds CS(COMM) 383/2020 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 16/04/2025 at 12:25:45