Bbi Fitness Services Pvt. Ltd. v. Grossventures Pvt. Ltd. & ORS.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1223/2018, IA No.15228/2018 (u/O XXXIX R-1&2 CPC) & IA No.2169/2019 (u/O XXIII R-3 CPC) BBI FITNESS SERVICES PVT. LTD.

..... Plaintiff Through:

Mr. Vishesh Issar, Adv.

Versus

GROSSVENTURES PVT. LTD. & ORS.

..... Defendants Through:

Mr. Vikas Bhardwaj, Adv. for D-1 to 4.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.02.2019 1.

The plaintiff and the four defendants viz. (i) Grossventures Pvt. Ltd., (ii) Mandeep Singh, (iii) Sudhir Phogat, and, (iv) Arshdeep Singh, in this suit for permanent injunction restraining infringement of trade mark, copyright, passing off and for ancillary reliefs are stated to have settled all their disputes and differences subject matter of this suit on the terms contained in IA No.2169/2019 under Order XXIII Rule 3 of the CPC claimed to be signed on behalf of the plaintiff and all the four defendants and their respective advocates and supported by their respective affidavits. 2.

The counsel for the plaintiff and the counsel for the defendants support the application and seek disposal of the suit in terms of the prayer paragraphs 29(a) and (b) [incorrectly typed in the application as 26(a) and (b)] of the plaint dated 31st October, 2018.

3.

I have perused the contents of the application and find the terms arrived at to be lawful.

CS(COMM) 1223/2018

4.

The application is allowed.

5.

A decree is passed in favour of the plaintiff and jointly and severally against the defendants in terms of paras no.29(a) and (b) of the plaint dated 31st October, 2018 and in terms of IA No.2169/2019 which shall form part of the decree sheet leaving the parties to bear their own costs. Decree sheet be drawn up.

RAJIV SAHAI ENDLAW, J.

FEBRUARY 13, 2019 'gsr'

CS(COMM) 1223/2018