Delhi High Court - Orders
Dabur India Limited vs Mr. Amit Jain And Another on 12 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1004/2016, I.A. 20193/2023
DABUR INDIA LIMITED ..... Plaintiff
Through: Mr. Manish Kumar Mishra, Ms.
Akansha Singh & Ms. Saloni Kasli,
Advocates (M-9438804704
versus
MR. AMIT JAIN AND ANOTHER ..... Defendants
Through: Mr. Pankaj Kumar, Adv. (M:
9810438450)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 12.10.2023
1. This hearing has been done through hybrid mode.
I.A.20193/2023 (u/O XXIII Rule 3 CPC)
2. This is an application jointly filed by the parties under Order XXIII Rule 3 CPC for amicable settlement of their disputes.
3. The Plaintiff- Dabur India Ltd. filed the present suit in respect of its product "DABUR AMLA HAIR OIL". The grievance of the Plaintiff against the Defendant was in respect of the use of the container for its product "PLUSH AMLA HAIR OIL" which infringed the Plaintiff's rights in the registered design in the oil bottle and cap design.
4. An ad-interim injunction was granted by the Court on 20th February, 2007 restraining the Defendants from using the products bearing the impugned design. The said order was initially vacated vide order dated 30th May, 2007, however, vide order dated 3rd December, 2008, the ld. Division Bench restored the injunction granted on 20th February, 2007 which is still continuing till date. The case is at the stage of final disposal post trial.
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 15/10/2023 at 01:36:24
5. It is submitted by ld. Counsel for the parties that during the pendency of the present suit, the parties have settled their disputes and the application under Order XXIII Rule 3 CPC has been moved by the parties.
6. The terms and conditions of the settlement are contained in paragraph 3(a) to 3(f) of the application. The Defendants have admitted the rights of the Plaintiff in bottle and the cap used in relation to the registered design and have undertaken not to manufacture, sell or otherwise use the said designs.
7. The Court has perused the terms of settlement and the same are lawful and there is no impediment in recording the same. The parties shall be bound by the terms of the settlement. The application has been signed on behalf of Defendant Nos.1 & 2 by Mr. Amit Jain, by the Plaintiff, and their respective counsels.
8. A sum of Rs.3 lakhs has already been paid by the Defendants to the Plaintiff as token damages and costs, which is acknowledged by the Plaintiff. In view of thereof, the suit stands decreed in terms of paragraph 3(a) to 3(f) of the application.
9. Decree sheet be drawn up. The next date of hearing stands cancelled. All applications are disposed of.
PRATHIBA M. SINGH, J.
OCTOBER 12, 2023/dk/sk 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 15/10/2023 at 01:36:24