Hsil Limited v. Sharda Paints & Hardware & ANR

#3 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 709/2017 & I.A. 12043/2017 HSIL LIMITED ..... Plaintiff Through Mr. Manav Gupta with Ms. Esha Dutta, Mr. Sahil Garg and Mr. Anupam Pandey, Advocates versus SHARDA PAINTS & HARDWARE & ANR ..... Defendants Through Mr. N. Mahabir with Mr. R.S. Garg and Mr. P.C. Arya, Advocates

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 20.12.2017 Present suit has been filed for trademark, copyright, infringement, misrepresentation, passing off, unfair competition, dilution, damages and delivery up.

Today, learned counsel for the defendants draws this Court's attention to paragraph nos. 7 and 8 of the written statement, which read as under:- "7. In the above circumstances, the Defendant no. 1 had no reason to believe that any of these products were of marks which were in any way allegedly conflicting with that of the Plaintiff. Defendant no. 1 has been conducting in an honest and bonafide manner. Defendant no. 1 has no interest to deny

the legal rights of the Plaintiff or carry out his business in a manner which will lead to loss of goodwill of Plaintiff. 8.

That the Defendant no. 1 is willing to settle the present case amicably if the Plaintiff does not seek any damages, costs or compensation from Defendant no. 1 in any manner whatsoever."

Learned counsel for defendants further states that he has no objection if the present suit is decreed in accordance with the prayers (a), (b) and (c) of the plaint.

In view of the aforesaid statement, assurance and undertaking, learned counsel for the plaintiff states that the plaintiff does not wish to press the relief for damages, costs, compensation and delivery up. He further states that the plaintiff has no objection if defendants sell plaintiff's genuine products.

The statements, assurances and undertakings given by both the counsel are accepted by this Court and the parties are held bound by the same.

At this stage, learned counsel for the defendants voluntarily undertakes to make payment of Rs. 25,000/- to Lok Nayak Hospital, New Delhi within two weeks. Let the receipt of the payment be deposited in Court within one week thereafter.

Accordingly, present suit is decreed in accordance with the prayers (a), (b) and (c) of the plaint as well as statement, assurance and undertaking given by learned counsel for the defendants. Registry is directed to prepare

a decree sheet.

Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector full amount of the Court fee paid by them in the present suit. MANMOHAN, J DECEMBER 20, 2017 rn