Allfine Industries Private Limited & ORS & ORS. v. Allfine Global Pvt Ltd & ORS.

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 827/2024 & I.A.

34753/2024, I.A.

39497/2024, I.A. 39499/2024 ALLFINE INDUSTRIES PRIVATE LIMITED & ORS. .....Plaintiffs Through:

Mr.

Sudhanshu Batra, Senior Advocate with Mr. Zorawar Singh, Ms. Peehu Singh, Mr. Shubham and Mr. Sudhanshu Ghai, Advocates versus ALLFINE GLOBAL PVT LTD & ORS.

.....Defendants Through:

Mr. Dushyant K. Mahant, Ms. Sonia Saini and Mr.

Sushil Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 21.11.2024 1.

Counsel for the parties have broadly agreed to the following terms of settlement:- i.

The defendants acknowledge that the mark "Allfine" was adopted by the plaintiff no.1 company and the defendants do not assert any ownership over the said mark.

ii.

The defendants shall withdraw the Trade Mark/Trade Name application no.6197557 in respect of the mark "Allfine" filed by them in Class 12, within 15 days from today.

iii.

The defendants shall change the name of the defendant no.1 company in order to remove "Allfine" from the said name. The necessary CS(COMM) 827/2024 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 26/11/2024 at 11:57:08

application in this regard shall be made to the Registrar of Companies ('RoC') within 15 days from today.

iv.

The defendant shall also change their current domain name "ALLFINEGLOBAL.COM" in a manner that it does not include "Allfine".

2.

The present suit is decreed on the basis of the terms mentioned above. 3.

The plaintiff does not press for the reliefs claimed in prayer clauses (d) and (e) of the suit at this stage while seeking liberty to file appropriate legal proceedings before the appropriate Forum. 4.

Accordingly, the relief sought in prayer clauses (d) and (e) are dismissed as not pressed with the aforesaid liberty. 5.

Let the decree sheet be drawn.

6.

The date of 20th January, 2025, stands cancelled. 7.

In view of the fact that the matter has been settled at an initial stage, the Registry is directed to issue a certificate of refund of 50% of the Court Fees in favour of the plaintiff, in terms of Section 16A of the Court Fees Act, 1870.

AMIT BANSAL, J NOVEMBER 21, 2024 ds CS(COMM) 827/2024 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 26/11/2024 at 11:57:08