Disposed

Dabur India Limited v. Ashok Kumar and Others

Delhi HC7 May 2024CS(COMM)/831/2022

Case brief

AI extract

What is this about?

Commercial suit settled between the parties; court recorded settlement agreements with defendants 2 and 3, found them lawful, directed decree sheet in terms of settlement, refund of court fees, disposal of infringing goods in 15 days, and disposed of the suit.

What did the court decide?

Decree in terms of settlement qua all defendants including prayers A and B; goods for destruction within 15 days; full refund of court fees.

Dabur India Limited Vs Ashok Kumar and Others — Intellectual Property | Delhi HC (2024)

¶1

$~19

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 831/2022 & I.A. 20200/2022

¶4

DABUR INDIA LIMITED ..... Plaintiff

¶5

Through: Mr. Kripa Pandit and Mr. Christopher, Advocate.

¶6

versus

¶7

ASHOK KUMAR AND OTHERS ..... Defendants

¶8

Through: Mr. Ankit Tuli, Adv. along with Mr. Manoj, Defendant 2 and Mr. Zahid Hussain, Defendant 3 in person

¶9

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

¶10

O R D E R % 07.05.2024

¶11

Pursuant to the previous order dated 10^th January, 2024, the settlement agreements executed between the plaintiff and defendant nos.2 and 3 dated 19^th February, 2024 have been placed on record.

¶12

Defendant No. 2, Mr. Manoj, and defendant no. 3, Mr. Zahid Hussain, are present in Court today and confirm the factum of settlement.

¶13

The amounts as agreed to, which form a part of the settlement agreements, have already been paid to the plaintiffs and the same is confirmed by counsel for parties.

¶14

The terms of agreement between the plaintiff and defendant no. 3 are as under:

¶15

This is a digitally signed order.

¶16

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 19:59:18

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶19

The Order is downloaded from the DHC Server on 14/05/2024 at 19:59:18

¶20

This is a digitally signed order.

¶21

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 19:59:18

¶22

This is a digitally signed order.

¶23

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶24

The Order is downloaded from the DHC Server on 14/05/2024 at 19:59:18

¶25

This is a digitally signed order.

¶26

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶27

The Order is downloaded from the DHC Server on 14/05/2024 at 19:59:18

¶28

The terms of agreement between the plaintiff and defendant no. 2 are as

¶29

under:

¶30

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 14/05/2024 at 19:59:18

¶31

This is a digitally signed order.

¶32

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 19:59:18

¶33

This is a digitally signed order.

¶34

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 19:59:18

¶35

This is a digitally signed order.

¶36

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶37

The Order is downloaded from the DHC Server on 14/05/2024 at 19:59:18

¶38

This is a digitally signed order.

¶39

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 19:59:18

¶40

The court has perused the terms of the settlement agreements and find them to be lawful and acceptable. The settlement agreements have been duly signed by authorised signatories of the parties and counter signed by their respective counsels.

¶41

Accordingly, parties will be bound by the terms of the settlement agreement executed by them.

¶42

Decree sheet be drawn up in accordance with the terms of settlement in view of the terms noted above.

¶43

As regards defendant no.4, counsel for plaintiff states on instructions that they do not want to press any relief except for seeking a decree in terms of prayer para A and B of the plaint, which are reproduced as under:

¶44

¶45

This is a digitally signed order.

¶46

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 19:59:18

¶47

This is a digitally signed order.

¶48

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶49

The Order is downloaded from the DHC Server on 14/05/2024 at 19:59:18

¶50

Let decree sheet be drawn up qua all the defendants, as per the directions given above.

¶51

As per the terms of the agreement relating to handing over of the goods of the plaintiff for destruction, same be complied with by parties within a

¶52

This is a digitally signed order.

¶53

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 19:59:18

¶54

period of 15 days from today.

¶55

In view of the settlement between the parties, plaintiff is entitled to get full refund of Court fees.

¶56

Registry is directed accordingly.

¶57

The suit is disposed of in the above terms.

¶58

Pending applications if any, are rendered infructuous.

¶59

Order be uploaded on the website of this Court.

¶60

ANISH DAYAL, J

¶61

MAY 7, 2024/RK/sc

¶62

This is a digitally signed order.

¶63

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 19:59:18

Dabur India Limited v. Ashok Kumar and Others

Case brief

What is this about?

What did the court decide?

Dabur India Limited v. Ashok Kumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Ocm Singapore Njord Holdings Hardrada Pte Ltd. & Anr. Vs Mr. Prerit Goel & Ors.

Verizon Trademark Services Llc & Ors. Vs Verizon Trade Services & Ors.

Alkem Laboratories Ltd. Vs Wings Novitas Healthcare LLP & Ors.

Karim Hotels Pvt. Ltd. & Anr. Vs Nizamuddin & Anr.

Kips Learning Private Limited Vs Abhay Dogra & Anr.

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

Pfizer Inc. & Ors. Vs Nagesh Palepu & Ors.

East Delhi Muncipal Corporation Vs Balaji & Sons

Informa Markets India Private Limited Vs M/S 4PINFOTECH and Anr.

Snap Inc. Vs M.K. Switchgeat Pvt. Ltd. and Anr.

Verizon Trademark Services Llc & Ors. Vs Verizon Trade Services & Ors.

Jss Ventures Vs Kunwarpreet Singh Juneja and Anr.

Exxon Mobil Corporation Vs M/S Bike Zone / Siddhivinayak Autoline & Ors.

Pfizer Inc. & Ors. Vs Nagesh Palepu & Ors.