Delhi High Court - Orders
Millennium & Copthorne International ... vs Aryans Plaza Services Private Limited & ... on 15 January, 2019
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 774/2016 & IA No.477/2019 (u/O XXIII R-3 CPC) MILLENNIUM & COPTHORNE INTERNATIONAL LIMITED ..... Plaintiff Through: Mr. Rosalyn Malik, Adv. Versus ARYANS PLAZA SERVICES PRIVATE LIMITED & ORS ..... Defendants Through: Mr. Daljeet Dabas & Mr. Ashish Sharma, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER
% 15.01.2019
1. The counsel for the parties, in this suit for permanent injunction restraining infringement of trade mark and passing off and for ancillary reliefs and in which an interim injunction in favour of the plaintiff is in force, state that the parties have settled all their disputes subject matter of this suit on the terms contained in IA No.477/2019 under Order XXIII Rule 3 of the CPC.
2. On enquiry, it is stated that the compromise application is on behalf of the plaintiff as well as all the four defendants and is signed by the authorized representatives of all the parties and is supported by their affidavit.
3. I have perused the compromise arrived at between the parties and find the same to be lawful.
4. IA No.477/2019 is thus allowed and (i) the assurances meted out by the defendant to the plaintiff are ordered to bind the defendants; and, CS(COMM) 774/2016 Page 1 of 2
(ii) a decree is passed in favour of the plaintiff and against the defendants in terms of the settlement arrived at and contained in IA No.477/2019 which shall form part of the decree sheet.
Decree sheet be drawn up.
5. The date already given of 7th February, 2019 before the Joint Registrar is cancelled.
RAJIV SAHAI ENDLAW, J JANUARY 15, 2019 „gsr‟..
CS(COMM) 774/2016 Page 2 of 2