X and Anr. v. Y
Case brief
What is this about?
Design infringement passing off settlement decree; registered suit designs 311300 311301; HERO trademark logo label copyright; Order XXIII Rule 3 CPC compromise decree; Section 89 CPC mediation settlement; Afcons Infrastructure Ltd v Cherian Varkey Construction (2010) 8 SCC 24; nominal damages Rs 1.25 lakhs full and final settlement; 100% court fee refund Section 16 Court Fees Act 1870; Delhi High Court Mediation and Conciliation Centre; counterfeit goods seizure handover clause 6; e-commerce listing takedown undertaking 15 days; authorised distributors procurement; Hero Investcorp Pvt Ltd v S M Plast & Chemicals; Justice Manmeet Pritam Singh Arora; CS(COMM) 277/2025; digitally signed order DHC portal.
What did the court decide?
Suit disposed of by consent decree in terms of the Settlement Agreement dated 29.08.2025: decreed in favour of Plaintiffs vis-à-vis prayer clauses 72(a)-(d) (permanent injunction); prayer clauses 72(e)-(g) satisfied per clause 6 of the Settlement Agreement (inspection of seized goods and handover of counterfeit goods); damages claims at prayer clauses 72(h)-(j) dismissed as not pressed; Defendant's payment of Rs. 1.25 lakhs as nominal damages accepted in full and final settlement; Settlement Agreement terms form part of the decree; pending applications disposed of; future dates cancelled; Registry directed to refund 100% court fee to Plaintiff No. 1 within four weeks.