Marico Limited vs Agro Tech Foods Limited on 8 September, 2020

[Cites 2, Cited by 2]

Delhi High Court - Orders

Marico Limited vs Agro Tech Foods Limited on 8 September, 2020

Bench: Rajiv Shakdher

                          $~7
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CS (COMM) 308/2018

                                 MARICO LIMITED                                            .....Plaintiff
                                              Through :            Mr. Zeeshan Ali Khan and Ms. Achal
                                                                   Shekhar, Advs.
                                                     versus

                                 AGRO TECH FOODS LIMITED                    .....Defendant
                                              Through : Mr. Achutham Sreekumar, Adv.

                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                         ORDER

% 08.09.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 7890/2020

1. This is a joint application preferred by the parties under the provisions of Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 [in short "CPC"].

2. The terms of settlement are set forth in paragraph 3 (i) to (vi) of the captioned application.

2.1 Besides this, counsels for the parties inform me that given the fact that they have settled their inter se disputes, the plaintiff has agreed to withdraw its rectification application qua the defendant's trademark registration bearing No.1852188.

CS (COMM) 308/2018 1/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:09.09.2020 10:55:33

3. Counsel for the parties say that this joint statement should also form part of the settlement as it logically flows from what is agreed to and recorded in the captioned application.

4. To be noted, the captioned application bears the signatures of the authorized signatories/constituted attorneys of both, the plaintiff and the defendant as also bears the signatures of their respective counsel.

5. Furthermore, the application is supported by affidavits of the authorized signatories/constituted attorneys of the parties.

6. I have perused the terms of settlement. The terms of settlement are lawful.

7. Accordingly, as prayed, the suit is decreed in the terms of settlement recorded in paragraphs 3 (i) to (vi) of the captioned application. 7.1 The application will form part of the decree and the same will be marked as Exhibit - 'X'.

7.2 A decree will be drawn-up in the aforesaid terms.

8. Consequently, all the pending application(s) shall stand closed.

CS (COMM) No. 308/2018

9. In view of the order passed in I.A. No. 7890/2020, the suit is decreed in terms of what is indicated hereinabove.

10. The case papers shall stand consigned to record.

RAJIV SHAKDHER, J SEPTEMBER 08, 2020 pmc/KK Click here to check corrigendum, if any CS (COMM) 308/2018 2/2 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:09.09.2020 10:55:33

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Delhi High Court - Orders