Delhi High Court
Aktiebolaget Skf And Ors vs Zakir And Ors on 11 August, 2015
Author: Hima Kohli
Bench: Hima Kohli
$~36.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2436/2012
AKTIEBOLAGET SKF AND ORS ..... Plaintiffs
Through: Mr. Bhagwati Prasad, Advocate with
Mr. Aman Taneja, Advocate
versus
ZAKIR AND ORS ..... Defendants
Through: Mr. Satyender Chahar, Advocate for
D-5.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 11.08.2015 I.A. 16386/2015 (by the plaintiffs and D-5 u/O XXIII R 3 CPC)
1. The present application has been filed by the plaintiffs and defendant No.5 stating inter alia that they have arrived at a settlement.
2. Learned counsel for the plaintiffs states that the defendants No.1 to 4 were proceeded against ex-parte vide order dated 14.07.2015 and the case is listed before the Joint Registrar on 28.08.2015, for the plaintiffs to file the ex-parte affidavit by way of evidence. In the meantime, the plaintiff and the defendant No.5 have settled their dispute.
CS(OS) 2436/2012 Page 1 of 3
3. The defendant No.5 has given a series of undertakings to the plaintiffs and acknowledged that they are the proprietors of a number of registered trademarks mentioned in para 1 of the application. One of the undertakings given by the defendant No.5 is that he shall deliver all the goods mentioned in para 5 of the application to the plaintiffs within one week from today.
4. Counsel for the plaintiffs states that after the Local Commissioner was appointed in the present case, the infringing goods discovered at the premises of the defendant No.5 were inventorized and they were handed over to the defendant No.5 on superdari, to be produced before the Court as and when directed and now that the parties have arrived at a settlement, the plaintiffs may be permitted to take possession of the said goods from the defendant No.5.
5. In view of the undertakings given by the defendant No.5, the plaintiffs have agreed to forgo their claim for damages against the defendant No.5 as prayed for in para 54 (c) of the plaint. Counsels for the plaintiffs and the defendant No.5 state that the suit may be decreed in terms of the settlement as recorded in the present application.
6. The Court has perused the present application. The same has been signed by the plaintiffs through their constituted attorney and CS(OS) 2436/2012 Page 2 of 3 the proprietor of the defendant No.5/firm as also their respective counsels. As counsels for the plaintiff and the defendant No.5 jointly state that they have arrived at the aforesaid settlement of their own free will and volition and without any undue influence or coercion from any quarters, there appears no legal impediment in accepting the settlement.
7. Accordingly, while binding the defendant No.5 to the undertakings given to the plaintiffs in the present application, the suit is decreed in accordance with the terms and conditions recorded in the present application and the prayer clause 54(a), (b) and (d) of the plaint, while leaving the parties to bear their own expenses. The plaintiffs shall be entitled to collect the infringing goods lying in the custody of the defendant No.5, within one week from today for destroying the same.
8. The application is disposed of. Decree sheet qua the defendant No.5 be drawn accordingly.
HIMA KOHLI, J AUGUST 11, 2015 rkb CS(OS) 2436/2012 Page 3 of 3