Orient Electric Ltd. Vs M/S. Breezalit Electricals & Ors.

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 1177/2024 & I.A. No. 5944/2025

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ORIENT ELECTRIC LTD. .....Plaintiff

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Through: Mr. Ankit Virmani with Ms. Ruchika Agarwala, Advocates with Mr. Gaurav Arora, General ManagerLegal. (M): 9920090570 Email: [email protected]

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versus

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M/S. BREEZALIT ELECTRICALS & ORS. .....Defendants Through: Mr. Varun K. Chopra with Mr. Dipu K. Jha, Advocates with Mr. Mitul Chhabra, defendant no. 1 and Mr. Harish Chhabra in person, defendant no. 2 (through VC) (M): 9811851711 Email: [email protected] [email protected]

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CORAM:

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HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 05.03.2025

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I.A. No. 5944/2025 (Joint application for passing a decree in terms of

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prayer (a) of the plaint)

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The present is a joint application under Order XXIII Rule 3, read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”), for passing a decree in terms of the settlement between the parties.

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By way of the present joint application, the parties seek to place on

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CS(COMM) 1177/2024 Page 1 of 3

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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 11/03/2025 at 12:03:17

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record, the fact that they have amicably resolved their disputes that were the subject matter of the present suit.

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In the application, it is submitted that vide order dated 23^rd December, 2024, this Court had appointed a Local Commissioner to inter alia visit the defendants’ premises along with the plaintiff’s advocate and representatives. The said commission was executed on 06^th January, 2025. When the plaintiff’s representatives visited the defendants’ premises for the purpose of execution of the commission, the defendant no. 2, i.e. the partner of defendant no. 1, met with the plaintiff’s representatives and assured them that the defendants shall refrain from making, using, offering for sale, selling or importing for those purposes, the defendants’ infringing product, i.e., Breezalit Magnifique, or any product by any name, that infringes the suit patent.

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By way of the present application, the submission and undertaking of the defendants has been placed before this Court, which is reproduced as under:

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“xxx xxx xxx

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7. The Defendants further represent, submit and undertake as under:

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a. That Breezalit Magnifique was their only product that was infringing the suit patent, and that they have never manufactured any other product by utilizing or relying upon the suit patent or any of its claims;

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b. That with effect from 06.01.2025, the Defendants have immediately ceased all infringing activities as already mentioned in their aforesaid written undertaking.

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c. That they have no inventory of the infringing product-Breezalit Magnifique, and have deleted and destroyed all technical knowhow, drawings, designs, softwares, raw materials, moulds, equipment that was being used to manufacture , Breezalit Magnifique.

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d. That they have deleted, removed, destroyed, taken down all

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CS(COMM) 1177/2024 Page 2 of 3

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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 11/03/2025 at 12:03:17

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marketing/ promotion material and listings, information and advertisements relating to the infringing product - Breezalit Magnifique.

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e. That they have made no application claiming patent or any other rights which would in any manner interfere with or prejudice or infringe the rights of the Plaintiff in respect of the suit patent.

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xxx xxx xxx”

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Considering the submissions made before this Court, the present suit is decreed in favour of the plaintiff and against the defendants, in terms of prayer clause (a) of the plaint.

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Considering the fact that the parties have arrived at a settlement, in terms of Section 16-A of the Court Fees Act, 1870, the Registry of this Court is directed to issue a certificate of refund of Court fees to the extent of 50% in favour of the plaintiff.

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Let decree sheet be drawn up.

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The present suit along with the pending applications, accordingly, stands disposed of.

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The next date of hearing i.e., 14^th April, 2025, before the Joint Registrar (Judicial) and 17^th April, 2025, before the Court stands cancelled.

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MINI PUSHKARNA, J

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MARCH 5, 2025

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c

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CS(COMM) 1177/2024 Page 3 of 3

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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 11/03/2025 at 12:03:17

Orient Electric Ltd. v. M/S. Breezalit Electricals & Ors.

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Orient Electric Ltd. v. M/S. Breezalit Electricals & Ors.

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