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Astral Limited & Anr vs Astralglee & Ors on 1 March, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~28
                          *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        CS(COMM) 440/2020 & I.A. 6012/2021
                                   ASTRAL LIMITED & ANR.                                      ..... Plaintiffs
                                                       Through:     Mr. Sachin Gupta, Ms. Yashi
                                                                    Agrawal and Ms. Swati Meena,
                                                                    Advocates.

                                                       versus

                                   ASTRALGLEE & ORS.                                      ..... Defendants
                                                Through:            Mr. Chitvan Singhal, Advocate for D-
                                                                    1 to 3.
                                                                    Mr. Taksh Suri, Advocate for Mr.
                                                                    Bharat Malhotra, Advocate for D-4.

                                   CORAM:
                                   HON'BLE MR. JUSTICE SANJEEV NARULA
                                                ORDER

% 01.03.2023

1. Parties have executed Settlement Agreement dated 21st February, 2023 before the Delhi High Court Mediation and Conciliation Centre, which is accompanied with Board Resolution, Authority Letter and consent e-mail in favour of Plaintiffs and Authority Letters in favour of Defendant No. 1 and 2, and consent e-mail in favour of Defendant No. 3. As per para No. 5 of the Settlement Agreement, Plaintiffs have voluntarily given up reliefs against Defendant No. 4.

2. Counsel for the parties mentioned in the appearance above confirm the terms of settlement and pray for the suit to be decreed in terms thereof.

3. The Court has perused the said terms and finds the same to be lawful.

4. Accordingly, the present suit is decreed in favour of Plaintiffs and against Defendants No. 1, 2 and 3, in terms of Settlement Agreement dated 21st February, 2023, which shall form part of the decree. Parties shall remain bound by the terms and conditions of the settlement.

5. In view of the fact that parties have arrived at a compromise, Registry is directed to issue a certificate for refund of full Court fees, in favour of the Plaintiff.

6. Decree sheet be drawn up.

7. It is made clear that paragraph No. 7 (vi) of the Settlement Agreement wherein Defendants have admitted that Plaintiffs' trademark 'ASTRAL' has acquired status of "well-known trade mark" would bind the Defendants. There is no expression of the Court to that effect.

8. Suit and pending applications stand disposed of.

SANJEEV NARULA, J MARCH 1, 2023 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:02.03.2023 20:16:48