Jk Lakshmi Cement Limited v. Mr Satyawan Sehrawat & ANR.

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 527/2024 & I.A. 4975/2025 JK LAKSHMI CEMENT LIMITED .....Plaintiff Through:

Ms. Tanvi Jain, Advocate Mob: 8527863070 versus MR SATYAWAN SEHRAWAT & ANR.

.....Defendants Through:

Ms. Suman Chaudhary, Advocate

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 25.02.2025 I.A. 4975/2025 (Application under Order XXIII Rule 3 read with Section 151 of the CPC) 1.

The present application has been filed under Order XXIII Rule 3, read with Section 151 Code of Civil Procedure ("CPC"), for compromise of the suit filed between the plaintiff and defendant no. 1. 2.

By way of the present application, it is stated that the defendant no. 1 acknowledges that it has infringed the statutory and common law rights vested in plaintiff's trademarks, as mentioned in the plaint. 3.

Further, the defendant no. 1 also acknowledges that it has wrongly used 'J.K. Lakshmi Cement RMC', as its trade name and has also wrongly obtained a GST registration under the said trade name. 4.

Thus, it is submitted that defendant no. 1, in pursuance of the present settlement, has already surrendered the GST number 06ATAPS9978E3Z3, 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 01/07/2025 at 11:13:22

which was wrongly applied by it under the plaintiff's trade name. 5.

The terms of the settlement between the plaintiff and defendant no. 1 are contained in Para 4 of the present application. 6.

Learned counsels appearing for the both the parties jointly confirm the terms of the settlement and submit that the suit be decreed, in terms thereof. 7.

This Court has perused the terms of the settlement and finds the same to be lawful.

8.

Both the parties are held bound by the terms of the settlement. 9.

Accordingly, the suit is decreed in favour of the plaintiff and against defendant no. 1 in terms of Paras 4 (a) to (i) of the present application, which shall form part of the decree and paras 67 (a), (b), (c) and (g) of the plaint.

10.

Let decree sheet be drawn up.

11.

Defendant no. 2 is John Doe. Accordingly, the suit can be disposed of upon the plaintiff entering into a settlement with defendant no. 1. 12.

Consequently, the present suit, along with the pending applications, stands disposed of.

13.

The next date of hearing of 04th March, 2025, stands cancelled. MINI PUSHKARNA, J FEBRUARY 25, 2025 ak 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 01/07/2025 at 11:13:22