Jindal (India) Limited v. Rajesh Kumar Goyal Proprietor Of Goyal Trading Co
$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 830/2024 & I.A. 6344/2025 JINDAL (INDIA) LIMITED .....Plaintiff Through:
Mr. Rishabh Srivastava, Mr. Sahil Gupta, Ms. Yashasvini Sharma and Mr. Sanjay Aggarwal, Advs.
versus RAJESH KUMAR GOYAL PROPRIETOR OF GOYAL TRADING CO .....Defendant Through:
Mr. Yatin Sharma, Adv. (Through VC) M : 9773903778 Mr. Mohit Solanki, Adv. (Through VC)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 10.03.2025 I.A. 6344/2025 (Application under Order XXIII Rule 3 read with Section 151 of CPC) 1.
The present application has been filed under Order XXIII Rule 3, read with Section 151 of Code of Civil Procedure, 1908 ("CPC"). 2.
The present suit has been filed by the plaintiff for permanent injunction restraining infringement of trademark/copyright/writing style/overall get up in marks 'JINDAL' and 'JINDAL with the device of map of India/ ' passing off, rendition of accounts, damages, delivery-up, etc. against the defendants in relation to CS(COMM) 830/2024 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.
the impugned mark 'JVG JINDAL/ '
'JVGJINDALRAWMATERIAL' and other similar variants. 3.
The suit came up for hearing on 03rd October, 2024, wherein, an exparte order of injunction was passed against the defendant, thereby, restraining the defendant from use of the marks in question, or any other mark deceptively similar, thereto.
4.
By way of the present application, it is submitted that parties to the suit have amicably resolved their dispute in terms, which are set out in paragraph 3 of the present application, which are reproduced as under: "xxx xxx xxx CS(COMM) 830/2024 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.
CS(COMM) 830/2024 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.
xxx xxx xxx"
5.
Learned counsel appearing for the parties confirm the terms of the settlement and submit that the suit be decreed in terms of the same. 6.
Learned counsel appearing for the plaintiff further submits that in terms of the settlement, the defendant is yet to file its applications for withdrawal of its application no. 5127665, before the Trade Marks Registry, while qua the other applications, withdrawal applications have already been filed.
7.
Accordingly, the defendant is directed to file its application for CS(COMM) 830/2024 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.
withdrawal of its application no. 5127665, before the Trade Marks Registry. 8.
Accordingly, the Registrar of Trademarks is directed to expeditiously consider the withdrawal applications of the defendant, and dispose of the same, in accordance with law.
9.
This Court has perused the terms of the settlement and finds the same to be lawful.
10.
The parties are held bound by the terms of the said settlement. 11.
Accordingly, the suit is decreed in favour of the plaintiff and against the defendant in terms of the settlement, as reproduced hereinabove. 12.
Decree sheet be drawn up.
13.
In view of the fact that the parties have resolved their dispute at a nascent stage before recording of evidence in the present matter, in terms of Section 16A of the Court Fees Act, 1870, the Registry of this Court is directed to issue a certificate of refund of Court Fees to the extent of 50%, in favour of the plaintiff.
14.
Accordingly, the suit, along with the pending application, stands disposed of.
15.
The next dates of hearing, i.e., 28th March, 2025 and 21st March, 2025, stand cancelled.
MINI PUSHKARNA, J MARCH 10, 2025/kr CS(COMM) 830/2024 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.