M/S.Sisco Surgical Instruments v. South India Surgical Co. Ltd.

Application Nos.3629, 3630, 3631 of 2014, 8097 of 2014, 6168 of 2015, 1693 of 2018 and 3922 of 2019 in C.S.No.389 of 2013 and Original Application Nos.436 of 2014 and 1 of 2018 in C.S.No.356 of 2014 N. SATHISH KUMAR, J.

COMMON ORDER Parties are present. It is the dispute related to the trade mark and other aspects. The entire issue revolves around the family members. Father and three sons are present.

A. It is unanimously agreed by them that the Plaintiffs in C.S.No.356 of 2014 shall pay a sum of Rs.4,25,00,000/- (Rupees Four Crores Twenty Five Lakhs only) to the Defendants and Plaintiffs in C.S.No.389 of 2013. B. It is also unanimously agreed that the seven (7) properties to be given to the Plaintiffs in C.S.No.389 of 2013, which was the subject matter of the earlier Memorandum of Compromise dated 31.10.2013. The above mentioned seven (7) properties would be transferred in the name of 2nd Plaintiff or 3rd Plaintiff as decided by the 1st Plaintiff in C.S.No.389 of 2013 and the said transfer shall be completed on or before 31.12.2019. 1/4

C. Similarly, out of Rs.4,25,00,000/-, the Plaintiffs in C.S.No.356 of 2014 are agreed to pay Rs.30,00,000/- (Rupees Thirty Lakhs only) within a period of fifteen (15) days from today, and the remaining amount of Rs.3,95,00,000/- (Three Crores Ninety Five Lakhs only) shall be paid on or before 31.12.2019 to the Plaintiffs in C.S.No.389 of 2013. Parties are at liberty to deal with the properties to liquidate the funds.

D. It is also agreed that the Plaintiffs in C.S.No.389 of 2013 shall not use the emblem of SISCO or South India Surgical Company Limited. However, they are entitled to use the name of "SISCO Latex" as company name with separate Logo.

E. The Plaintiffs in C.S.No.389 of 2013 are also agreed not to open new companies in the name of SISCO, other than this Company, namely, "SISCO Latex". The Plaintiffs in C.S.No.389 of 2013 are also agreed to change the names of the other two companies, which were started after the litigation. F. In view of the settlement recorded before this Court, this Court is of the view that no further orders are required to be passed in the above applications. Hence, all the applications are closed.

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Post the suit on 06.01.2020 for reporting compliance before this Bench. 16.09.2019 ggs 3/4

N. SATHISH KUMAR, J.

ggs A.Nos.3629, 3630, 3631 of 2014, 8097 of 2014,6168 of 2015, 1693 of 2018 and 3922 of 2019 in C.S.No.389 of 2013 and O.A.Nos.436 of 2014 and 1 of 2018 in C.S.No.356 of 2014 16.09.2019 4/4