Grand Tobacco Private Limited v. Abdul Rashid Shaikh Tobacco, A Limited Liability Partnership And ORS

ODC-1 CS No. 4/2021 IA No.GA/1/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction GRAND TOBACCO PVT. LTD.

Vs.

ABDUL RASHID SHAIKH TOBACCO, A LIMITED LIABILITY PARTNERSHIP & ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : July 6, 2021.

Appearance:

Mr. Shuvasish Sengupta, Adv.

Mr. Pawan Kumar Maheshwari, Adv.

Ms. Pooja Gupta, Adv.

Ms. Susrea Mitra, Adv.

The Court: The plaintiff and the defendant are both represented and submit that the parties have entered into a Terms of Settlement on 28th April, 2021 which has been signed by the representatives of both the parties. The Terms mention that the second Party which is the defendant in this suit has agreed to withdraw the trade mark and the copyright applications filed before the competent authorities within a certain time frame. The defendant/second Party also agrees to withdraw the rectification application for the concerned trade and device mark. The Terms make it clear that both the parties have agreed to withdraw

their respective applications including civil and criminal actions against each other. A No Objection Certificate dated 28th April, 2021 issued by the plaintiff in respect of certain trademarks is also on record. In view of the above, CS No.4 of 2021 is decreed and disposed of in accordance with Clause 11 of the Terms of Settlement which are also kept on record. GA No.1 of 2021 is disposed of on the basis of the Terms as stated above.

The Department is directed to draw up the decree in accordance with this order.

(MOUSHUMI BHATTACHARYA, J. ) kc.