Untuckit Llc, v. Venky Rajagopal & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 748/2017 & IA No.12708/2017 (u/O XXXIX R-1&2 CPC) UNTUCKIT LLC .... Plaintiff Through:

Ms. Shwetashree Majumdar, Mr.

Prtivi Singh, Mr. Utkarsh Joshi and Ms. Pritika Kohli, Advs.

Versus

VENKY RAJAGOPAL & ANR ..... Defendants Through:

Mr. G. Nataraj, Adv. for D-1&2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.12.2017 1.

The plaintiff and the two defendants viz. i) Venky Rajagopal; and, ii) Indian Terrain Fashions Ltd., in this suit for permanent injunction restraining passing off and for ancillary reliefs, were vide order dated 1st November, 2017 referred to the Mediation Cell of this Court. 2.

Mediation has been successful with the efforts of Mr. Yudhvir Singh Chauhan, Advocate / Mediator and Mr. Lovedeep Singh Bindra, Advocate / Co-Mediator and a Settlement Agreement dated 13th November, 2017 purporting to be signed by the parties, their counsels, the Mediator and the Co-Mediator has been received from the Mediation Cell of this Court. 3.

The counsel for the plaintiff and the counsel for both the defendants support the Settlement Agreement and seek a decree in terms thereof. 4.

The counsel for the defendants on enquiry also states that the implementation of the settlement arrived at, as undertaken in Clause 6(f) of the Settlement Agreement has also been completed. CS(COMM) 748/2017

5.

I have perused the Settlement Agreement which is found to be lawful. 6.

Allowed.

7.

A decree of permanent injunction is passed in favour of the plaintiff and against the defendants in terms of prayer paragraph 27(i) and (ii) of the plaint dated 30th October, 2017 and the Settlement Agreement which shall form part of the decree sheet, leaving the parties to bear their own costs. 8.

Decree sheet be prepared.

9.

Upon the counsel for the plaintiff stating that the plaintiff is a start-up, a certificate entitling the plaintiff to refund of 50% of the court fees paid on the suit be issued and handed over to the counsel for the plaintiff. RAJIV SAHAI ENDLAW, J.

DECEMBER 13, 2017 „gsr‟..

CS(COMM) 748/2017