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High Court of DelhiCS(COMM)/487/2023

Fdc Limited v. Palsons Derma Private Limited

2026-01-21Cases Pertaining To Special Benches2 pages

$~O-3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A. 1611/2026 IN + CS(COMM) 487/2023 FDC LIMITED .....Plaintiff Through:

Mr. Ritwik Marwaha, Advocate.

versus PALSONS DERMA PRIVATE LIMITED .....Defendant Through:

Mr. Dhruv Sikka, Advocate (through VC)

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 21.01.2026 I.A. 1611/2026 (u/O XXIII Rule 3 of CPC, 1908) 1.

This is a joint application filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 ('CPC') for recording of compromise arrived at between the parties.

2.

The application is signed by the authorised representatives of the plaintiff and the defendant and is duly supported by an affidavit. 3.

The terms of the compromise are given in paragraph 5 of the present application. In addition, it is agreed that the defendant shall withdraw the rectification petition bearing no.279835 filed by the defendant against plaintiff's registered trademark 'KROMALITE'

bearing application no.2870414 within one (1) week from today.

CS(COMM) 487/2023 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 23/01/2026 at 12:06:35

4.

I have gone through the terms of the settlement and find the same to be lawful.

5.

The parties shall remain bound by the terms of the settlement. 6.

In view thereof, the present suit is decreed in terms of paragraph 32 (a) and (b) of the plaint.

7.

In terms of paragraph 32(c) of the plaint, the defendant shall destroy all the infringing products in its possession and remove all references online and offline of the infringing marks in terms of Paragraph 5(d) and (e) of the present application.

8.

Counsel for the plaintiff gives up reliefs claimed in paragraphs 32(d), (e) and (f) of the plaint.

9.

Let the decree sheet be drawn up.

10.

In view of the fact that the matter has been settled between the parties, the Registry is directed to issue a certificate of refund of 50% of the Court Fees in favour of the plaintiff, in terms of Section 16A of the Court Fees Act, 1870.

AMIT BANSAL, J JANUARY 21, 2026 Vivek/Mohit CS(COMM) 487/2023 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 23/01/2026 at 12:06:35