High Court of DelhiCS(COMM)/876/2017

The Procter & Gamble Company v. Mr. Mahesh Chandra & ORS

2018-05-01Joint Registrar (Judicial) Sh. Rakesh Pandit (Dhjs)2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 876/2017 THE PROCTER & GAMBLE COMPANY ..... Plaintiff Through: Mr. Peeyoosh Kalra, Advocate with Mr. Amol Dixit, Advocate.

versus MR. MAHESH CHANDRA & ORS ..... Defendants Through: Mr. Bhajan Lal, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 01.05.2018 I.A. 5883/2018 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 constituted attorneys 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 Settlement Application being I.A. 5883/2018.

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.

Learned counsel for defendants states that the seized packaging and promotional material shall be handed over to an authorised representative of the plaintiff on 04th May, 2018.

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 Settlement Application and is of the opinion that the same is lawful.

Consequently, the suit is decreed in accordance with the paragraph 35 (a), (b), (c) and (d) of the plaint as well as paragraph 4 of the Settlement Application being I.A. 5883/2018, a copy of which is marked as Ex. C-1. Registry is directed to prepare a decree sheet accordingly. With the aforesaid observations, present application is allowed and the suit and pending application stand disposed of. The interim order dated 21st December, 2017 stands modified. The next dates of hearing i.e. 09th May, 2018 and 29th May, 2018 stand cancelled. MANMOHAN, J MAY 01, 2018 js