Google Llc, v. Farzana Emporium & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 811/2017 GOOGLE LLC ..... Plaintiff Through Ms.Shwetasree Majumder, Advocate.

versus FARZANA EMPORIUM & ANR ..... Defendants Through Mr.K.Lal, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 10.05.2018 I.A.No.6583/2018 Today, a joint compromise application under order XXIII Rule 3 CPC has been handed over by learned counsel for the parties. The same is taken on record. Registry is directed to number the same. Registry has numbered the aforesaid application as I.A.No.6583/2018.

Present application i.e. I.A.No.6583/2018 is duly signed by learned counsel for the plaintiff and the defendants as well as by the parties to the litigation. It is also supported by the affidavits of authorized representative/constituted attorney of the plaintiff and the defendants.

Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the present application.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the aforesaid settlement terms mentioned in the present application. Learned counsel for the defendants reiterates that the infringing goods shall be destroyed within a period of fifteen days.

The aforesaid statements, assurances and 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 they are lawful.

Consequently, the suit is decreed in accordance with prayers 29 (a), (b), (c) & (d) of the plaint as well as the settlement terms mentioned in the present application, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly. With the aforesaid observations, present suit stands disposed of. The interim order dated 27th November, 2017 confirmed on 11th April, 2018 stands vacated.

MANMOHAN, J MAY 10, 2018 KA