M/S The Sidhpur Sat- Isabgol Factory v. Shree Baidyanath Ayurveda Bhawan Pvt Ltd & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 510/2017 & I.A. 9605/2017 M/S THE SIDHPUR SAT- ISABGOL FACTORY ..... Plaintiff Through: Mr. Chander M. Lall, Senior Advocate with Ms. Nancy Roy, Mr. Rupin Bahl and Ms. Rani Singh, Advocates.

versus SHREE BAIDYANATH AYURVEDA BHAWAN PVT LTD & ANR ..... Defendants Through: Mr. Ajay Bhargava, Advocate with Mr. Ankur Sangal, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 30.08.2017 I.A. /2017 (To be numbered) in CS(COMM) 510/2017 Today, learned counsel for the parties have handed over a copy of the joint compromise application under Order 23 Rule 3 read with Section 151 CPC. The same is taken on record. Registry is directed to number the same. The joint compromise application is duly signed by learned counsel for plaintiff and defendants as well as by the parties to the litigation. Present application is also supported by affidavits of the authorised representative of the plaintiff and of the defendants. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present joint compromise application.

Learned counsel for defendants reiterates that the defendants shall adopt the changed packaging enclosed as Annexure-D. Parties are in agreement that Annexure-D is a mock sample.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the Settlement terms mentioned in the joint compromise application.

Learned counsel for defendants reiterates that the colour scheme as shown in the mock sample as Annexure-D shall be scrupulously complied with. The aforesaid statements, assurances and undertakings as well as undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same.

This Court has also perused the joint compromise application and is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the joint compromise application, a copy of which is marked as Ex.C-1 as well as statements made hereinabove. Registry is directed to prepare a decree sheet accordingly.

With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 04th August, 2017 stands vacated.

The next dates of hearing i.e. 10th October, 2017 and 11th December, 2017 stand cancelled.

MANMOHAN, J AUGUST 30, 2017 js