High Court of DelhiCS(COMM)/691/2022

Alphavector India Pvt. Ltd. v. M/S Sach Industries & ORS.

2024-05-08Hon'Ble Mr. Justice Anish Dayal8 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 691/2022, I.A. 16354/2022, I.A. 19344/2022 & I.A. 21449/2022 ALPHAVECTOR INDIA PVT. LTD.

..... Plaintiff Through:

Mr. Shuvam Bhattacharya and Ms.

Ruchi Chaudhary, Advocates.

versus M/S SACH INDUSTRIES & ORS.

..... Defendants Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.05.2024 1.

Mediation report has been received. Parties have entered into a settlement agreement dated 16th March, 2024 which has been placed on record. 2.

The terms of settlement are extracted as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It has been further agreed by parties that a decree may be passed in terms of prayers 52(a), (b), (c), and (f) of the plaint; same are extracted as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

Parties shall be bound by terms of the settlement. 6.

Decree sheet be drawn up in the above terms.

In view of the mediation between the parties, plaintiff shall be entitled to full refund of the Court fees.

Registry is directed accordingly.

The plaintiff has agreed to not press for damages or their contempt The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application being I.A. 19344/2022.

10.

In relation to the de-sealing and destruction of the defendants' impugned products bearing the infringing marks which were sealed during execution of the Local Commission on 19th October, 2022, the parties have agreed to a process to be followed, as per para 6-9 of the said terms of settlement, which are extracted as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

Mr. Vaibhav Gupta, Advocate [+91 8586025144] is appointed as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Local Commissioner for this purpose who shall execute the said instructions as agreed upon by parties on or before 20th May, 2024. It is directed accordingly.

12.

Fee of the Local Commissioner is fixed at Rs. 1 lakh, which shall be borne as per terms of settlement. Expenses for travel, lodging, and other out of pocket expenses which shall also be borne as per terms of settlement.. 13.

Local Commissioner to file their report pertaining to execution of the aforesaid mandate within two weeks of execution. 14.

In case it is required, police assistance may be taken through the local Station House Officer ['SHO'] for execution of the Local Commission. 15.

The suit is disposed of accordingly.

16.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 8, 2024/RK/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.