M/S Jindal (India) Limited v. M/S Rawalwasia Steel Plant Private Limited
$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 554/2024 & I.A. No. 41508/2024 M/S JINDAL (INDIA) LIMITED .....Plaintiff Through:
Mr. Rishabh Srivastava with Ms. Yashesvini Sharma, Advocates.
(M): 9958349040 versus M/S RAWALWASIA STEEL PLANT PRIVATE LIMITED .....Defendant Through:
Mr. Sushant Singh with Mr. Sourav Pattanaik, Advocates.
(M): 7978900270 Email: sushantlaw@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 07.10.2024 I.A. No. 41508/2024 (Application under Order XXIII Rule 3 read with Section 151 CPC) 1.
The present application has been filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"). 2.
The plaintiff has filed the present suit seeking permanent injunction, restraining infringement of the plaintiff's trademark and copyright as also reliefs for passing off, delivery up, rendition of accounts, etc. against the defendant's impugned mark "HINDJAL CS(COMM) 554/2024 Page 1 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
This Court had passed an ex-parte order of ad-interim injunction on 09th July, 2024 against the defendant and for any party acting for or on its behalf restraining them from using the mark 'HINDJAL' or any other mark deceptively similar, thereto.
4.
Learned counsels appearing for the parties submit that during the course of hearing, the parties have entered into an amicable settlement, the terms of which, are contained in Para 3 of the present application. 5.
Thus, learned counsels appearing for the parties jointly submit that the suit be decreed, in terms of the settlement between the parties. 6.
This Court has perused the terms of the settlement between the parties and finds the same to be lawful.
7.
In terms of the settlement, the defendant has confirmed and affirmed that it will not infringe the marks of plaintiff i.e., "JINDAL", "JINDAL SABRANG", "JINDAL WITH MAP OF INDIA" and other variants and is ready to suffer the permanent injunction against use of mark "HINDJAL" or any other mark/ label/ sign/ trade dress/ device/ name or domain name, which are identical with or deceptively similar to the plaintiff's registered CS(COMM) 554/2024 Page 2 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
mark 'JINDAL', with the map of India, ' JINDAL SABRANG' and other variants of the 'JINDAL' marks. 8.
Further, the defendant has also undertaken that it shall withdraw as per procedure, the following applications:- CS(COMM) 554/2024 Page 3 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
At this stage, learned counsel appearing for the defendant submits that applications for withdrawal have already been filed on behalf of the defendant, before the Trademark Registry.
10.
Accordingly, the suit is decreed in favour of the plaintiff and against the defendant in terms of the settlement, as contained in Para 3 of the present application, which shall form part of the decree. 11.
The Registrar of Trademarks is directed to expeditiously process and dispose of the withdrawal applications filed by the defendant. 12.
In view of the fact that parties have arrived at a settlement, the Registry of this Court is directed to issue a Certificate for refund of full Court Fees in favour of the plaintiff.
13.
Decree sheet be drawn up.
14.
The present suit, along with pending application, stands disposed of. CS(COMM) 554/2024 Page 4 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
15.
The next date of hearing of 08th October, 2024 stands cancelled.
MINI PUSHKARNA, J OCTOBER 7, 2024 c CS(COMM) 554/2024 Page 5 of 5 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.