M/S Babu Ram Om Prakash v. The Shahnaz Husain Group Of Companies

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) No.1273/2016 & IA No.11302/2016 (under Order XXXIX Rules 1&2 CPC) & IA No.14130/2016 (of the defendant under Order VIII Rule 1 CPC) BABU RAM OM PRAKASH ..... Plaintiff Through:

Mr. A. K. Singla, Sr. Adv. with Mr.

Shivom Garg, Adv.

versus THE SHAHNAZ HUSAIN GROUP OF COMPANIES ..... Defendant Through:

Ms. Tusha Malhotra, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.11.2016 1.

The counsels report that with the efforts of the senior counsel for the plaintiff in terms of order dated 16th November, 2016, the disputes subject matter of this suit between the parties have been compromised. 2.

It is stated that it has been agreed between the parties that the plaintiff has no objection to the defendant using the trade dress, packaging, trademark as depicted in Annexure-D at internal pages 18 & 19 (running pages 46 and 47 of Part-II file) of IA No.14130/2016. 3.

It has further been agreed between the parties that the defendant, which comprises of (i) Shahnaz Ayurvedics; (ii) Shahnaz Ayurvedics (Roorkee); (iii) Shahnaz Ayurvedics (Noida); and, (iv) Shahnaz Herbals, has no objection to plaintiff launching hair cream and face cream using the same font and symbol of 'DIAMOND' as the plaintiff has been using till now in relation to other products as on record of this suit. CS(COMM) No.1273/2016

4.

Binding the parties to the aforesaid settlement and their respective statements and passing a decree in terms thereof, the suit is disposed of, leaving the parties to bear their own costs.

Decree sheet be prepared.

RAJIV SAHAI ENDLAW, J NOVEMBER 23, 2016 'pp'..

CS(COMM) No.1273/2016