Countrywide Promoters Private Limited v. Navraj Infratech Private Limited

$~79 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 812/2024 & I.A. 46663/2024 COUNTRYWIDE PROMOTERS PRIVATE LIMITED .....Plaintiff Through:

Mr. Ankur Sangal with Mr. Raghu Vinayak Sinha, Advocates.

(M): 9051263510 Email: raghu.sinha@khaitanco.com versus NAVRAJ INFRATECH PRIVATE LIMITED .....Defendant Through:

Mr. Ram Mohan, Advocate.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 29.11.2024 I.A. 46663/2024 (Joint application filed on behalf of the plaintiff and the defendant) 1.

The present application has been filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), filed jointly by the plaintiff and the defendant.

2.

Plaintiff has filed the present suit inter alia for permanent injunction restraining infringement of the plaintiff's copyright, passing off, unfair practice, damages and costs against the defendant. 3.

When the present matter was listed on 19th September, 2024, this Court had passed an ex-parte ad-interim injunction order restraining the defendant, their directors and others working for and on behalf of the 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 02/12/2024 at 12:05:59

defendant, from publishing, reproducing, distributing, exploiting and/or in any manner, using the artistic work/device of the plaintiff, which amounts to infringement of the plaintiff's copyright, passing off of the plaintiff's artistic work/device and/or unfair trade practices.

4.

By way of the present application, it is submitted that in order to avoid litigation and settle the present dispute, defendant has now amicably settled the present dispute with the plaintiff, as per the terms, which are reproduced in para 3 of the present application. 5.

Learned counsels appearing for the parties submit that the suit be decreed in terms of the settlement between the parties. 6.

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

7.

Accordingly, the present suit is decreed in favour of the plaintiff and against the defendant in terms of the settlement between the parties, as contained in Para 3 of the present application, which shall form part of the decree.

8.

Considering the fact that the parties have settled their dispute, the Registry of this Court is directed to issue a certificate for refund of full Court fees to the plaintiff.

9.

Decree sheet be drawn up.

10.

The present suit, along with pending application, stands disposed of. 11.

The next date of hearings of 09th January, 2025, before the Joint Registrar (Judicial) and 20th January, 2025, before Court, stands cancelled. MINI PUSHKARNA, J NOVEMBER 29, 2024/c 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 02/12/2024 at 12:05:59