Maruti Suzuki India Ltd v. Gaadiwaadi.Com & ORS
$~43.
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2588/2015 MARUTI SUZUKI INDIA LTD ..... Plaintiff Through :
Mr.Pawan Duggal, Adv.
versus GAADIWAADI.COM & ORS ..... Defendants Through :
Ms.Rashmi Aggarwal, Adv.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
O R D E R
% 24.10.2016 I.A. 13160/2016 Plaintiff has filed the present suit for infringement of copyright, mandatory injunction and damages.
During the pendency of this matter, the parties have entered into an amicable settlement.
Present application has been jointly filed by the parties under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure for recording the terms of settlement arrived at between the parties. This application is duly signed by the Authorised Representative of the plaintiff and the respective counsel for the parties. The defendant no.2, who is the Sole Proprietor of defendant no.1, has signed the last page of the application. Defendant no.2, who is present in Court, has signed on each page of this application in the Court itself in the presence of counsel for both the parties and identifies his signature on the last page of the application. This application is also duly supported by the respective affidavits of the Authorised Representative of the plaintiff and defendant no.1. Application is marked as Exhibit P-1. Defendant no.2 submits that he has signed the application out of his own free will, without any pressure or coercion and after understanding the terms of settlement.
Learned counsel for the parties submit that in view of the settlement arrived at between the parties, present suit may be decreed in favour of the plaintiff and against the defendants in terms of Exhibit P-1. Heard counsel for the parties. Having regard to the fact that the parties have arrived at an amicable settlement, present application is allowed. Suit stands decreed in favour of the plaintiff and against the defendant in terms of Exhibit P-1. Let a decree sheet be drawn up accordingly. Application stands disposed of.
I.A. 18049/2015 (O 39 R 1&2) 18050/2015 (S 79 I.T. Act) Applications stand disposed of in view of the order passed in the suit. G.S.SISTANI, J OCTOBER 24, 2016 msr CS(OS) 2588/2015 2/2