High Court of DelhiCS(COMM)/1526/2016

Rajni Dua & ORS. v. Bhushan Kumar & ORS.

2025-02-04Hon'Ble Mr. Justice Subramonium Prasad31 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAJNI DUA & ORS.

.....Plaintiffs Through:

Mr. Sajan Shankar Prasad, Mr.

Vagish Pandey, Advocates for Plaintiff No.1 with Plaintiff No.1 inperson.

Ms. Cherry Gupta, Mr. Asim Naeem, Mr. Subhani Shabat and Ms. Anisa, Advocates.

versus BHUSHAN KUMAR & ORS.

.....Defendants Through:

Mr. N.K. Bhardwaj and Mr. Sanjay Chauhan, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 04.02.2025 I.A. 3014/2025 1.

This is an application under Order XXIII Rule 1(3) CPC for disposal of the suit in accordance with the family settlement that has been arrived at between the parties.

The present suit has been filed for permanent and mandatory injunction with the following prayers:- "(a) A decree of mandatory injunction restraining the defendants, their offices, distributors, franchisees, affiliates, associates. Branch office, any body directly The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

or indirectly associated with the defendants and all other acting for and on their behalf from issuing illegal threats to the plaintiffs against the use of the trademark/logo 'T-Series' and from interfering in the business and use of the trademark/logo 'T-Series" by the plaintiffs in any manner whatsoever.

(b) A decree of permanent injunction restraining the defendants, their offices, distributors, franchisees, affiliates, associates. Branch office, any body directly or indirectly associated with the defendants from illegally used the trademark/logo 'T-Series' in relation to detergent powder, detergent coke, dhop, agarbati, havan somogari and allied goods which ore in the exclusive domain of the plaintiffs and firms under their control/.

c) For a decree of damages of Rs. 21,00,000/- Court fees of Rs. 23,000/- is affixed thereto."

It is stated that the parties to the suit are all family members. Pending the suit, Plaintiff No.2 passed away and his legal representatives have been brought on record vide I.A. No.16807/2022.

Since the dispute was between the family members, with the efforts of friends, the parties have entered into a memorandum of family settlement dated 20.01.2025. The Memorandum of Settlement dated 20.01.2025 has been placed along with the application under Order XXIII Rule 1 CPC. The Memorandum of Settlement is reproduced as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Plaintiffs and the Defendants have joined the proceedings through video-conferencing and they have been identified by the respective Counsels. It is stated that Plaintiff No.1 is also the authorized signatory of Plaintiff No.4. Plaintiff No.2a and 2b are authorized signatory for Plaintiff No.3.

The parties who have joined the proceedings through videoconferencing state that family settlement has been arrived at on their own The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

will, without any coercion or undue influence. Paragraph 5 & 8 of the family settlement captures the settlement of the distribution of the assets. 7.

The settlement is legal and the suit can be disposed of on the basis of the settlement that that has been arrived at between the parties. The suit is disposed of in terms of the family settlement along with pending application(s), if any.

Let the suit be decreed in terms of the family settlement dated 20.01.2025.

The next date already fixed, i.e., 15.04.2025 stands cancelled. SUBRAMONIUM PRASAD, J FEBRUARY 4, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.