Havells India Limited & ANR v. J K Jain & ORS

$~52.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 616/2016 HAVELLS INDIA LIMITED & ANR ..... Plaintiffs Through :

Ms.Julion George, Adv.

versus J K JAIN & ORS ..... Defendants Through :

Defendant no.2 in person.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R

% 17.10.2016 I.A. 12588/2016 Plaintiffs have filed the present suit for permanent injunction restraining passing off, copyright infringement, dilution, damages, rendition of accounts of profits and delivery up.

This is a joint application filed by parties under Order XXXIII Rule 3 read with Section 151 of the Code of Civil Procedure for recording the terms of settlement arrived at between the parties. Present application is duly signed by the Authorised Signatory of the plaintiffs, defendants no.1 and 2, and the counsel for the plaintiffs. This application is also duly supported by the respective affidavits of the Authorised Signatory of the plaintiffs and defendants no.1 and 2. The present application is marked as Exhibit P-1. Defendant no.2 is present in person. In support of his identity, defendant no.2 has produced his original passport, which is seen and returned. A photocopy of the passport of defendant no.2 has been handed over in Court, which is accepted and taken on record. Defendant no.2 submits that all the defendants have arrived at an amicable settlement with the plaintiffs. Defendant no.2 identifies his signatures as well as the signatures of defendant no.1, who is his father, on the present application as well as on the affidavit filed by him.

Learned counsel for the plaintiffs and defendant no.2 submit that in view of the settlement arrived at between the parties, present suit may be decreed in terms of the present application marked as Exhibit P-1. Heard counsel for the plaintiffs and defendant no.2, who appears in person. Having regard to the submissions made, present application is allowed. Suit stands decreed in terms of Exhibit P-1. Let a decree sheet be drawn up accordingly.

Application stands disposed of.

I.A. 13365/2015 (O XXXIX R 1 & 2 CPC) Application stands disposed of in view of the order passed above. G.S.SISTANI, J OCTOBER 17, 2016 msr