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Gpl Exports Limited & Another vs Global Lighting Source Private Limited ... on 7 March, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~1(OS)
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +               CS(COMM) 42/2018 and I.A. 880/2018
                                 GPL EXPORTS LIMITED & ANOTHER             ..... Plaintiffs
                                                Through: Mr. Rahul Dubey, Advocate. (M:
                                                         9717760551)
                                                versus
                                 GLOBAL LIGHTING SOURCE PRIVATE LIMITED
                                 & OTHERS                                  ..... Defendants
                                                Through: Mr. Dushyant Pratap Singh, Advocate.
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 07.03.2023

1. This hearing has been done through hybrid mode.

2. The present suit was filed by the Plaintiffs -GPL Exports Limited and Golden Peakock Overseas Limited for permanent and mandatory injunctions, recovery of money, delivery up and rendition of accounts against the Defendants- Global Lighting Source Private Limited, Shri O.P Rai, Shri Hemant Dharni and Mohammad Ahraf Khan.

3. The case of the Plaintiffs is that the Plaintiffs are engaged in the export and import of designed items relating to the lighting industry and are also the Original Equipment Manufacturers ('OEM') and suppliers of electrical accessories and components for lighting, electrical and hardware industry, the world over and have established a brand name in the said field in the domestic market. The Plaintiffs claimed rights in their intellectual property including in their databases, copyrights, patents, designs, etc. The details of all the intellectual property rights which are registered and owned by the Plaintiffs is set out in the plaint.

4. The grievance in this case is that the Defendant Nos. 2 and 3 were ex- employees of the Plaintiff company and Defendant No.4 was a supplier to the Plaintiff no. 1 company. The allegations were that the Defendants were in possession of confidential information of the Plaintiffs and the said proprietary/confidential information was not to be misused by the Defendants in any manner whatsoever. Disputes had arisen between the parties which led to the filing of the present suit.

5. Issues were framed in the present suit vide order dated 19th August, 2019 and the interim application was part heard. During the pendency of the suit, the parties have settled their disputes. A settlement agreement dated 1st February, 2023 has been entered into, by which they have resolved all their disputes. The said settlement has been entered into between both the Plaintiffs and all the four Defendants. The terms of settlement are contained in paragraph 1 to 8 of the Settlement Agreement. The same are set out below:

"1. The Second Parties hereby agree that they shall neither directly nor indirectly through any of their partners, successors, agents, servants, assigns, nominees, representatives and/or any other person acting under them, deal in any manner or export any goods / products by using any similar trademarks, designs, specifications, etc. as that of the First Party's as detailed in Annexure-B (attached herewith), to any of the buyers / customers / clients of the First Party;

2. The Second Parties hereby agree that they shall neither directly nor indirectly through any of their partners, successors, agents, servants, assigns, nominees, representatives and/or any other person acting under them, disclose any trade secret which the Second Parties may have learnt and/or became aware during the course of their employment of with the First Party and as are not available in public domain.

3. The Second Parties hereby agree that they shall neither directly nor indirectly through any of their partners, successors, agents, servants, assigns, nominees, representatives and/or any other person acting under them, indulge in any act which may cause any loss to the business, goodwill and reputation of the First Party and may defame the First Party in anymanner;

4. The Second Parties undertakes and assures that no goods, products, packaging, designs, and any other materials including Client Database, Tools, Dies, Sketches, Samples, Artwork, Designs, Drawings, Diagrams, Styles, Processes, Patterns & etc. belonging to or forming proprietary of the First Party are in the possession or under the control of Second Parties and/or and with their partners, successors, agents, servants, assigns, nominees, representatives and/or any other person acting underthem;

5. The Second Parties and their partners, successors, agents, servants, assigns, nominees, representatives and/or any other person acting under them, will not represent themselves to be associated, either directly or indirectly, with First Party in any manner whatsoever.

6. The Second Parties and their partners, successors, agents, servants, assigns, nominees, representatives and/or any other person acting under them, shall during the course of their activities not make any reference, directly and/or indirectly attributing to Plaintiff or its following associated companies:-

I. Indodan Lamp Shades Pvt Ltd II. Golden Peakock Overseas Limited III. IDN Homes Pvt Ltd IV. Kapoor Lamp Shades Limited V. Kapoor Lights Pvt Ltd VI. Kapoor E-illuminations Pvt Ltd VII. Kapoor Lamp Shades Km Pvt Ltd Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 42/2018 Page 3 of 4 Signing Date:10.03.2023 16:27:28

7. That Defendant Nos. 2 and 3 undertakes that they will not file any claim, case, complaint, etc. against the First Party or any of its group companies for making a claim of gratuity before any court of law, tribunal, authority, etc. having hereby agreed that the claim of gratuity of Defendant Nos. 2 and 3 stands set- off against the claim of Plaintiff against Defendant Nos. 2 and 3.

8. The parties, upon signing of these Terms of Settlement, have settled all their claims, disputes and grievances against each other on the terms and conditions contained herein and neither party nor their representatives, administrators, successors, executors, assignees, nominees, etc. are not left with any claims, disputes, grievances, etc. of any nature whatsoever, against each other in respect of the subject matter of the dispute between the parties."

6. The settlement agreement has been entered into under the aegis of the Delhi High Court Mediation and Conciliation Centre and is signed by all the parties as also the ld. Mediator. The various intellectual properties in which rights have been recognised have been set out in Annexure B to the settlement agreement. The Court has perused the terms of the settlement and is satisfied that the same are lawful. There is no impediment in recording the settlement. Accordingly, it is directed that the suit shall stand decreed in terms of the settlement terms extracted above. The parties and all others acting for or on their behalf shall be bound by the terms of the settlement.

7. In view of the settlement, the full court fee is directed to be refunded. The same shall be released within 8 weeks.

8. Decree sheet be drawn in terms of the settlement. All pending applications are disposed of.

PRATHIBA M. SINGH, J MARCH 7, 2023/dj/rp Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 42/2018 Page 4 of 4 Signing Date:10.03.2023 16:27:28