Cars24 Services Pvt. Ltd. And ANR. v. Girnarsoft Automobiles Private Limited & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 392/2019, I.A. 10381/2019, I.A. 11341/2019, I.A. 11364/2019, I.A. 12109/2019, I.A. 5406/2022 CARS24 SERVICES PVT. LTD. AND ANR.
..... Plaintiffs Through:
Mr. Mohil Goel, Mr. Sidhant Goel, Mr. Abhishek Kotnala and Mr. Deepankar Mishra, Advocates.
versus GIRNARSOFT AUTOMOBILES PRIVATE LIMITED & ORS. ..... Defendants Through:
Mr. Ankur Sangal, Ms. Sucheta Roy, Mr. Shaurya Pandey and Mr. Puneet Singh Dhir, Advocates for D-1, 2.
Mr. Aditya Gupta and Mr. Sauhard Alung, Advocates for D-3.
Mr. Neel Mason, Mr. Vihan Dang, Ms. Pragya Jain, Mr. Ujjwal Bhargava and Mr. Aditya Mathur, Advocates for D-4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 15.05.2024 I.A. 11133/2024 (for disposal of the suit in terms of the settlement arrived between the Plaintiffs and the Defendant Nos. 1 and 2)
1. Counsel for the Plaintiffs, states that they are not pressing any relief against Defendant Nos. 3 and 4 and request for their deletion from array of parties. Let an amended memo of parties be filed within 2 weeks from today.
2. The present suit is filed by the Plaintiffs seeking inter-alia a decree of permanent injunction restraining Defendants from infringing the Plaintiffs' mark "Cars24."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3. This is an application filed jointly by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, stating that the disputes have been settled between the parties vide settlement agreement dated 21st February, 2024. Counsel for the parties draw attention of this Court to a term contained in the Settlement Agreement wherein they have agreed to keep the terms of settlement confidential and not disclose the same to any third party except as may be required by law. Furthermore, they have agreed that in case such a situation arises wherein the Settlement Agreement is required to be enforced as a decree of the Court, then the said confidentiality clause shall cease to apply.
4. The application is duly supported by board resolutions in favour of the Authorised Representative of Plaintiffs and Defendants No. 1 and 2 as well as affidavits of authorised representatives of the parties. The counsels confirm the compromise, and pray that the suit be decreed as per terms mentioned in the Settlement Agreement.
5. The Settlement Agreement has been handed over across the board. The Court has perused the terms of the compromise and finds the same to be lawful.
6. Accordingly, the following directions are issued: 6.1.
Suit is decreed in terms of the Settlement Agreement dated 21st February, 2024.
6.2.
Parties shall file the Settlement Agreement in a sealed cover with the Registry within a period of two weeks from today. 6.3.
The parties shall remain bound by the terms of the aforenoted Settlement Agreement.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
6.4.
Decree sheet shall not reproduce or disclose the terms of the Settlement Agreement other than the date on which it has been executed, i.e., 21st February, 2024.
7. The suit is decreed in the above terms. Decree sheet be drawn up.
8. Suit and pending applications stand disposed of. SANJEEV NARULA, J MAY 15, 2024/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.