M/S Hod Innovation Labs Pvt Ltd v. House Of Diagnostics Llp
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 235/2019 M/S HOD INNOVATION LABS PVT LTD ..... Appellant Through Mr. Abhijat and Mr. Sarad Kumar Sumay,Advocates versus HOUSE OF DIAGNOSTICS LLP ..... Respondent Through Mr. S.K Bansal, Advocate
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
O R D E R
% 14.06.2019 C.M. APPL. No.28430/2019 A joint application under Order XXIII Rule 3 read with Section 151 CPC has been filed to take on record an out of Court settlement dated 12.06.2019 by which parties have settled all their pending disputes.
My attention has been drawn to para 10 of the said settlement which is reproduced below:- " That the First Party has received an email dated 31.05.2019 from the Dispute Administrator of GoDaddy Inc. for suspension of the domain name "HOD.life' pursuant to a notification by the Second Party. GoDaddy.Inc has withheld action on the said notice till 14.06.2019. The Parties agree to inform GoDaddy Inc. of this Settlement agreement upon its execution on or before 14.06.2019. Further, the Second Party shall withdraw its initial notification/representation/complaint for suspension of the domain name https:www.hod.life of the First Party upon its execution on or before 14.06.2019. Further, the First Party
undertakes and agrees that it shall, by 31.08.2019 or by the extended time as contemplated in Clause 7 herein above, whichever is later, inform and direct GoDaddy Inc, to block the domain name 'HOD.life' with immediate effect and the First Party shall mark the Second Party in the said communication Further, the First Party undertakes and agrees that it shall not transfer the domain name 'HOD.life' to any third party.
Both the parties shall abide by the terms of the said settlement and comply with the terms and conditions of the same as mentioned therein.
The present appeal as well as suit i.e. TM (COMM) No.67/2009 in Court of learned Addl. District Judge, Tis Hazari, Delhi are disposed off in terms of the settlement. Copy of the settlement dated 12.06.2019 as well as the present order be placed in the file of suit i.e. TM (COMM) No.67/2009. Copy of the order be given dasti under the signatures of the Court Master to both the parties.
TALWANT SINGH (VACATION JUDGE) JUNE 14, 2019 rkc