Disposed

Alphavector India Pvt. Ltd. v. M/S Sach Industries & Ors.

Delhi HC8 May 2024CS(COMM)/691/2022

Case brief

AI extract

What is this about?

Upon receipt of a mediation report confirming a settlement agreement between the plaintiff and defendants, the Court approved the terms, directed the drawing up of a decree in accordance with the settlement, appointed a Local Commissioner for executing specific instructions regarding infringing products, and disposed of the suit.

What did the court decide?

Decree to be drawn up per settlement terms; Local Commissioner appointed for de-sealing and destruction of infringing products; suit disposed of.

Alphavector India Pvt. Ltd. Vs M/S Sach Industries & Ors. — Intellectual Property | Delhi HC (2024)

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 691/2022, I.A. 16354/2022, I.A. 19344/2022 & I.A. 21449/2022

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ALPHAVECTOR INDIA PVT. LTD. ..... Plaintiff

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Through: Mr. Shuvam Bhattacharya and Ms. Ruchi Chaudhary, Advocates.

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versus

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M/S SACH INDUSTRIES & ORS. ..... Defendants

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Through:

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 08.05.2024

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Mediation report has been received. Parties have entered into a settlement agreement dated 16^th March, 2024 which has been placed on record. 2. The terms of settlement are extracted as under:

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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 13/05/2024 at 11:18:42

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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 13/05/2024 at 11:18:42

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It has been further agreed by parties that a decree may be passed in terms of prayers 52(a), (b), (c), and (f) of the plaint; same are extracted as under:

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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 13/05/2024 at 11:18:42

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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 13/05/2024 at 11:18:42

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This Court has perused the terms of settlement and finds them to be lawful and acceptable.

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Parties shall be bound by terms of the settlement.

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Decree sheet be drawn up in the above terms.

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In view of the mediation between the parties, plaintiff shall be entitled to full refund of the Court fees.

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Registry is directed accordingly.

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The plaintiff has agreed to not press for damages or their contempt

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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 13/05/2024 at 11:18:42

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application being I.A. 19344/2022 .

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In relation to the de-sealing and destruction of the defendants’ impugned products bearing the infringing marks which were sealed during execution of the Local Commission on 19^th October, 2022, the parties have agreed to a process to be followed, as per para 6-9 of the said terms of settlement, which are extracted as under:

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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 13/05/2024 at 11:18:42

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11. Mr. Vaibhav Gupta, Advocate [+91 8586025144] is appointed as

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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 13/05/2024 at 11:18:42

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Local Commissioner for this purpose who shall execute the said instructions as agreed upon by parties on or before 20^th May, 2024. It is directed accordingly.

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Fee of the Local Commissioner is fixed at Rs. 1 lakh, which shall be borne as per terms of settlement. Expenses for travel, lodging, and other out of pocket expenses which shall also be borne as per terms of settlement..

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Local Commissioner to file their report pertaining to execution of the aforesaid mandate within two weeks of execution.

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In case it is required, police assistance may be taken through the local Station House Officer [‘ SHO ’] for execution of the Local Commission.

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The suit is disposed of accordingly.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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MAY 8, 2024/RK/sc

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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 13/05/2024 at 11:18:42

Alphavector India Pvt. Ltd. v. M/S Sach Industries & Ors.

Case brief

What is this about?

What did the court decide?

Alphavector India Pvt. Ltd. v. M/S Sach Industries & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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