Delhi High Court - Orders
Astral Ltd vs Ashirvad Pipes Pvt Ltd on 28 April, 2023
Author: Manmohan
Bench: Manmohan
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 63/2023 & CM APPL. 15520/2023
ASTRAL LTD ..... Appellant
Through: Mr. Anshuman Upadhyay, Mr. Naseem
Mr. Rahul Singh and Ms. Apoorva
Sharma, Advocates.
versus
ASHIRVAD PIPES PVT LTD ..... Respondent
Through: Mr. DarpanWadhwa, Senior Advocate
with Mr. Prashant Gupta, Mr. Karan
Singh, Mr. Aadhar Nautiyal,
Ms.Neelakshi Bhadauria, Ms.Tanvi
Tewari and Mr. Amer Vaid, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 28.04.2023
1. On the last date of hearing, learned senior counsel for the respondent- defendant had stated that the respondent-defendant shall in future use the mark 'ASHIVARD CPVC FLOWPRO' in the same font and size.
2. The respondent has now filed an affidavit of undertaking dated 20th April, 2023 wherein it is stated as under:-
"3. I state that with a view to amicably resolving the matter, and without prejudice to its rights and contentions, the Respondent proposes to change its logo of the mark ASHIRVAD CPVC FLOWPRO. Clear, high-resolution representations of the new logo for the mark ASHIRVAD CPVC FLOWPRO in different colour schemes (including Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.05.2023 18:26:13 black and white) is annexed herewith and marked as DOCUMENT-1
4. I state that the present appeal, the suit titled CS(COMM) 309 of 2022 pending before this Hon'ble Court and other proceedings related thereto may be settled on these terms."
3. The Document-1 referred to in the said affidavit is reproduced hereinbelow:-
4. Learned counsel for the appellant states that in the event the respondent-defendant agrees that in future it shall not use the mark 'CPVC FLOWPRO' as a stand-alone mark, the appellant has no objection to the Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.05.2023 18:26:13 present appeal and suit being decreed in terms of the aforesaid undertaking.
5. Learned senior counsel for the respondent, on instructions, states that the respondent shall henceforth not use the mark 'CPVC FLOWPRO' as a stand-alone mark, but shall always use the mark ' ashirvad CPVC FLOWPRO' in the manner mentioned in the Document-1. He also clarifies that the aforesaid trademark shall be used not only on the pipes but on its brochure and other written literature.
6. It is agreed between the parties that the aforesaid settlement resolves all the disputes between the parties and any litigation filed by any of the parties before any forum shall stand withdrawn including those pending before the Trademark Registry. The next date of hearing is cancelled.
7. Accepting the aforesaid undertaking of the respondent and holding it bound by the same, the present appeal is disposed of and the suit being CS(COMM) 309/2022 is decreed giving the respondents six months time to dispose of its existing stock bearing the old trademark. It is clarified that the impugned order dated 03rd February, 2023 in the suit is disposed of in the aforesaid terms. The next date in the aforesaid suit stands cancelled. As a token of acceptance of today's order, the two Advocates-on- record are directed to sign the same.
MANMOHAN, J SAURABH BANERJEE, J APRIL 28, 2023 js Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.05.2023 18:26:13