Relaxo Footwears Limited v. Rajesh Agarwal

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 327/2017 & I.A.Nos.5481-5482/2017 RELAXO FOOTWEARS LIMITED ..... Plaintiff Through Mr.Saif Khan with Mr.Shobhit Agrawal, Advocates.

versus RAJESH AGARWAL ..... Defendant Through Mr.Atul Batra with Mr.Rakesh Kumar and Ms.Shreya Mathur, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.05.2018 Present suit has been filed for permanent injunction restraining infringement of registered design, unfair competition, delivery up, damages etc.

Today learned counsel for the defendant states that he has instruction to settle the present case.

With consent of the parties, Mr.Sagar Chandra, Advocate is appointed as the Mediator.

After speaking to the learned counsel for the parties, Mr.Chandra states that it would be fair if the present suit is decreed in accordance with prayers 33(a), (b) and (c) of the plaint and the defendant returns the dies, moulds as well as infringing goods, if any, to the plaintiff. He states that the defendant should pay costs of

Rs.50,000/- to the plaintiff.

Both the counsel state that they are agreeable to the aforesaid terms.

Consequently, the present suit is decreed in accordance with prayers 33(a), (b) and (c) of the plaint. The defendant is directed to handover the dies, moulds as well as shoes bearing infringing design to an authorized representative of the plaintiff within a period of two weeks. The defendant shall also pay costs of Rs.50,000/- by way of a demand draft in favour of the plaintiff within a period of two weeks. Registry is directed to issue to the plaintiff a certificate authorizing it to receive back from the Collector the full amount of the Court fee paid by it in the present suit. MANMOHAN, J MAY 09, 2018 KA