Delhi High Court - Orders
Shree Ganesh Rolling Mills (India) Ltd vs M/S Jindal Rolling Mill Ltd on 24 April, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 360/2016
SHREE GANESH ROLLING MILLS (INDIA) LTD...... Plaintiff
Through: Ms. Kruttika Vijay, Advocate with
Ms. Geetanjali Visvanathan,
Advocate.
versus
M/S JINDAL ROLLING MILL LTD. ..... Defendant
Through: Mr. Arjun Narayan, Advocate with
Mr. Vidur R. Bhatia, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.04.2024 I.A. 9020/2024 (seeking to amend the name of the Defendant)
1. At the time of filing the instant suit, the Plaintiff believed that Defendant was known as "Jindal Rolling Mills Limited". However, on 2nd May, 2022, the Defendant was converted into a private limited company under Section 18 of the Companies Act, 2013, as evidenced by Document-1 annexed with the application. Accordingly, the Plaintiff seeks to amend the name of Defendant to "Jindal Rolling Mills Private Limited".
2. Considering the facts narrated in the application and documents annexed thereto, the request is allowed. Defendant's name is permitted to be changed to "Jindal Rolling Mills Private Limited". The amended memo of parties annexed with the application is taken on record.
CS(COMM) 360/2016 Page 1 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 20:58:38
3. Application is disposed of in the above terms.
I.A. 9021/2024 (seeking permission to file the settlement agreement signed by the parties in a sealed cover/envelope)
4. In view of the fact that the Settlement Agreement dated 12th April, 20241 contains certain commercially sensitive information, the parties have agreed that the terms of settlement shall be kept confidential. Accordingly, parties have jointly filed the instant application seeking permission to file the Settlement Agreement in a physically sealed cover.
5. The Settlement Agreement, in original, has been handed over across the board for the Court's perusal. Having examined the same, the Court finds the terms contained in the Settlement Agreement to be lawful.
6. Accordingly, the parties are permitted to file the Settlement Agreement dated 12th April, 2024 in a sealed cover, which shall be kept in the records of the Registry in the physical form.
7. The application is disposed of.
CS(COMM) 360/2016 and I.A. 9000/2024 (joint application seeking a decree to be passed in terms of the settlement agreement entered into by the plaintiff and the defendant)
8. Plaintiff has filed the present suit alleging passing off of their trademark "JINDAL" and other formative marks. On 6th February, 2023, at the request of parties, Mr. Sriram Panchu, Senior Advocate, was appointed as the mediator. The mediation proceedings have culminated in an amicable resolution of disputes, and the parties have accordingly executed the Settlement Agreement dated 12th April, 2024.
1"the Settlement Agreement"CS(COMM) 360/2016 Page 2 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 20:58:38
9. In the above circumstances, parties have jointly filed the instant application praying for a compromise decree under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) as per the terms contained in the Settlement Agreement.
10. The application is duly supported with Board Resolutions in favour of the Authorized Representatives of the Plaintiff and Defendant. The counsel for parties confirm the terms of settlement and pray that the suit be decreed in terms thereof.
11. The Court has perused the terms of the compromise and finds the same to be lawful.
12. Accordingly, the present suit is decreed in favour of the Plaintiff and against the Defendant in terms of the Settlement Agreement dated 12th April, 2024, which shall form part of the decree.
13. Parties shall remain bound by the terms and conditions of the compromise as recorded in the Settlement Agreement. As agreed by the parties, the terms contained in the Settlement Agreement shall remain confidential. It is directed that in the event that a situation arises wherein the Settlement Agreement is required to be enforced as a decree of the Court, then the confidentiality agreement shall cease to apply. Further, parties are directed to take steps qua the proceedings pending inter se the parties in terms of the agreement recorded at Paragraphs No. 8 (a) to (g) of the instant application.
14. The suit is decreed in the above terms. Decree sheet be drawn up.
15. Decree sheet shall not reproduce or disclose the terms of Settlement Agreement other than the date on which it has been executed, i.e., 12 th April, 2024.
CS(COMM) 360/2016 Page 3 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 20:58:39
16. In view of the fact that parties have arrived at a compromise, the Registry is directed to issue a certificate for refund of full court fees in favour of the Plaintiff.
17. The present suit, along with pending applications, stands disposed of.
18. The date already fixed, i.e. 21st May, 2024, stands cancelled.
SANJEEV NARULA, J APRIL 24, 2024 sapna CS(COMM) 360/2016 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/04/2024 at 20:58:39