Allowed

M/S Hari Chand Shri Gopal v. Mr Sahabuddin Mondal Trading as M/S. Salma Zarda Works

Delhi HC13 May 2024CS(COMM)/359/2023

Case brief

AI extract

What is this about?

Judicial order decreeing a trademark infringement suit based on a settlement agreement executed by the parties, dismissing the suit against the defendant and directing refund of court fees.

What did the court decide?

Suit decreed in terms of the Settlement Agreement dated 29th April, 2024; refund certificate for court fees issued; decree sheet to be drawn.

M/S Hari Chand Shri Gopal Vs Mr Sahabuddin Mondal… — Intellectual Property | Delhi HC (2024)

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 359/2023 & I.A. 10520/2023, I.A. 10522/2023

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M/S HARI CHAND SHRI GOPAL ..... Plaintiff

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Through: Ms. Prachi Agarwal and Ms. Kanupriya Chawla, Advocates .

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versus

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MR SAHABUDDIN MONDAL TRADING AS M/S. SALMA ZARDA WORKS ..... Defendant Through: Mr. Sanjay Kumar Shandilya and Mr. Adit Srivastava, Advocates.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R 13.05.2024

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By way of the present suit, the Plaintiff alleges that the Defendant’s use of the impugned mark “GOLAP 64” is deceptively similar to the Plaintiff’s registered trademarks/ labels “GOPAL”, “GOPAL 60” (label) and other formative marks thereof, thus amounting to infringement and passing off. During the pendency of the suit, parties were referred to mediation¹ .

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Parties have now executed Settlement Agreement dated 29^th April, 2024, before the Delhi High Court Mediation and Conciliation Centre. The same has been signed by the Defendant as well as the Authorized Signatory of the Plaintiff² . Counsel for the parties mentioned in the appearance above

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1 Vide order dated 4th October, 2023.

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2 Power of Attorney in favour of Plaintiff’s Authorized Representative is annexed to the Settlement Agreement.

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This is a digitally signed order.

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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 14/05/2024 at 19:59:22

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confirm the terms of settlement. Further, counsel for Plaintiff states that INR 1,00,000/- in terms of Paragraph No. 9 of the Settlement Agreement stands paid by the Defendant to the Plaintiff. Accordingly, they pray for the suit to be decreed in terms of the Settlement Agreement.

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The Court has perused the said terms and finds the same to be lawful. 4. Accordingly, the present suit is decreed in favour of the Plaintiff and against the Defendant, in terms of the Settlement Agreement dated 29^th April, 2024, which shall form part of the decree. Parties shall remain bound by the terms and conditions of the settlement.

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In view of the fact that parties have arrived at a compromise, Registry is directed to issue a certificate for refund of full Court fees in favour of the Plaintiff.

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Decree sheet be drawn up.

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Suit and pending applications stand disposed of.

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SANJEEV NARULA, J

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MAY 13, 2024 d.negi

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This is a digitally signed order.

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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 14/05/2024 at 19:59:22

M/S Hari Chand Shri Gopal v. Mr Sahabuddin Mondal Trading as M/S. Salma Zarda Works

Case brief

What is this about?

What did the court decide?

M/S Hari Chand Shri Gopal v. Mr Sahabuddin Mondal Trading as M/S. Salma Zarda Works

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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