M/S Steelbird Hi-Tech India Ltd v. Mr Rajesh Jalhotra & ORS

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1391/2016 & IA No.12521/2016 (u/O 39 R-1&2 CPC) STEELBIRD HI-TECH INDIA LTD ..... Plaintiff Through:

Ms. Diva Arora & Ms. Gunjan Arora, Advs.

Versus

RAJESH JALHOTRA & ORS ..... Defendants Through:

Mr. Aditya Singhal, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 10.01.2017 1.

The plaintiff, holding registration of the trademark „STEELBIRD‟ in relation to helmets and two wheelers accessories has sued for injunction to restrain the defendants from using the same trademark for plywood. 2.

Summons of the suit and notice of the application for interim relief were issued though no ex parte relief granted. 3.

The parties were vide order dated 19th December, 2016 referred to the Mediation Cell of this Court.

4.

Mediation has been successful with the efforts of Ms. Anjali Vohra, Advocate / Mediator and a Settlement Agreement dated 22nd December, 2016 purporting to be signed by the authorized representative of the plaintiff, by the defendant nos.1&2, by the defendant no.1 as sole proprietor of the defendant no.3 as well as by the counsels for the parties and the mediator has been received from the Mediation Cell of this Court. 5.

The counsel for the plaintiff and the counsel for the defendants support the Settlement Agreement and seek a decree in terms thereof. CS(COMM) 1391/2016

6.

I have perused the Settlement Agreement and find the compromise arrived at between the parties to be lawful.

7.

Settlement / compromise as contained in the Settlement Agreement is allowed.

8.

A decree is passed in favour of the plaintiff and against the defendants in terms of Settlement Agreement dated 22nd December, 2016 which shall form part of the decree sheet, leaving the parties to bear their own costs. Decree sheet be prepared.

RAJIV SAHAI ENDLAW, J JANUARY 10, 2017 „gsr‟..

CS(COMM) 1391/2016