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High Court of DelhiFAO(OS)/208/2013

Pearl Educational Society v. Pearl Retail Solutions Pvt Ltd.

2016-03-21Hon'Ble Ms. Justice Gita Mittal,Hon'Ble Mr. Justice I.S.Mehta2 pages

$~8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 208/2013 & CM No.4771/2014 PEARL EDUCATIONAL SOCIETY ..... Appellant Through:

Mrs. Kiran Suri, Sr. Adv.

with Mr. Purvesh Bhuttan and Mr. Gautam Kunoor, Advs.

versus PEARL RETAIL SOLUTIONS PVT LTD.

..... Respondent Through:

Mr. Zeeshan Khan, Adv.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 21.03.2016 1.

An affidavit has been filed by Sh. Ramakant Gupta, vice president of the appellant-society placing the settlement arrived at between the parties on record. The terms of the settlement have been placed in para 2 of the affidavit.

2.

We are informed by learned counsel for the respondent who is the plaintiff in CS(OS) No. 117/2013 that the parties have resolved all disputes between them which was placed before the learned Single Judge by way of IA No. 3593/2016. The settlement has been accepted and the suit has been disposed of in terms thereof.

FAO (OS) No.208/2013

3.

Learned counsel for the respondent also confirms that the terms of the settlement have been set out by the appellant in para 2 of the affidavit of Sh. Ramakant Gupta, vice president of the appellant.

4.

A prayer is made by Mrs. Kiran Suri on behalf of the appellant to permit the appellant to withdraw the appeal in view of the settlement between the parties. We are further informed that the respondent has agreed to the offer made by the appellant to change its trademark/trade bane/domain name from 'Pearl' to 'Punit' including the name of their society/college/institute for all future purposes. We are informed on behalf of the appellant that the appellant is serving/servicing several government departments, institutions and authorities and that applications would require to be made informing these authorities about the change of the name which may be a time consuming effort.

5.

In view of the above facts and circumstances, the appeal and the application are disposed of as withdrawn in terms of the settlement between the parties.

6.

We also direct all authorities and institutions which may be approached by the appellant with regard to the change of their name to expeditiously process the request for this purpose. Dasti to parties GITA MITTAL, J MARCH 21, 2016/kr I.S.MEHTA, J FAO (OS) No.208/2013