Hugo Boss Trade Mark Management Gmbh & Co.Kg. v. Rosa Vinod & ANR.
#29 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 761/2017 HUGO BOSS TRADE MARK MANAGEMENT GMBH & CO.KG. ..... Plaintiff Through Mr. Prashant Gupta, Advocate versus ROSA VINOD & ANR.
..... Defendants Through Mr. Kumar Sudeep with Mr. Prasanna S., Advocates for D-1 and 2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 15.01.2018 I.A. 384/2018 Present application has been filed by the defendants under Section 151 CPC for recall of the order dated 27th November, 2017. In the present application it has been averred that the matter has been settled between the parties.
Keeping in view the averments in the application, the same is allowed and the order dated 27th November, 2017 whereby the defendants were proceeded ex-parte is recalled.
Accordingly, the application stands allowed.
I.A. 620/2018 Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the
plaintiff and defendants as well as by the parties to the litigation. Present application is also supported by affidavits of Director of the plaintiff and defendant no. 1, who is also the Director of defendant no. 2. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the settlement application being I.A. 620/2018.
Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the aforesaid settlement application.
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 compromise application and is of the opinion that the same is lawful.
Consequently, the suit is decreed in accordance with the settlement application being I.A. 620/2018, which is marked as Ex. C-1. Registry is directed to prepare a decree sheet in accordance with paragraph no. 3 of the application being I.A. 620/2018.
With the aforesaid observations, present application is allowed and the suit and pending application, if any, stand disposed of. MANMOHAN, J JANUARY 15, 2018 rn