Mr Sanjay Arora Vs Jasmer — Delhi HC (2025) — LawSathi Research

Mr Sanjay Arora Vs Jasmer — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed in favour of the plaintiff and against the defendant in terms of the Settlement Agreement dated 29.01.2025 (forming part of the decree) and in terms of Para 45 (A) of the plaint; defendant directed to pay Rs. 9,50,000/- per the settlement timelines; certificate of Refund of Full Court Fees to be issued to the plaintiff; suit and pending applications disposed of.

Issue for consideration

Whether the terms of the Settlement Agreement dated 29 January 2025 are lawful such that the suit may be decreed in terms thereof. +2 more

Court's answer

The Court perused the terms of the settlement and found the same to be lawful, permitting the suit to be decreed in terms thereof.

Ratio / Principle

As per the settlement, the defendant acknowledges and recognises the plaintiff as proprietor of the TIGER mark and of the copyright subsisting in the artwork of the TIGER mark, and undertakes not to challenge their validity before any court of law and/or forum.

Key takeaways

Counsel for the defendant's statement that the payment timelines given in the Settlement Agreement shall be adhered to was recorded, and the defendant is held bound by that statement and the terms of the settlement.ratio¶25
It is directed that the defendant shall make payment to the plaintiff in terms of the timelines set forth in the Settlement Agreement.ratio¶26
The suit is decreed in favour of the plaintiff and against the defendant in terms of the Settlement Agreement dated 29 January 2025, which shall form part of the decree, and in terms of Para 45 (A) of the plaint.

Detailed headnote1 paragraphs

Delhi High Court (CS(COMM) 614/2022, Mini Pushkarna, J.) — Order dated 03.03.2025: Trademark infringement and passing-off suit by Sanjay Arora v. Jasmer concerning the registered ‘TIGER’ mark (defendant earlier restrained vide order dated 24.04.2024 from using the TIGER/TIGER KISSAN PIPE marks or any identical/deceptively similar mark). Parties, referred to the Delhi High Court Mediation and Conciliation Centre vide order dated 23.10.2024, executed a Settlement Agreement dated 29.01.2025, whose terms the Court found lawful. Per the settlement, the defendant acknowledged the plaintiff’s proprietorship of the TIGER mark and the copyright in its artwork and undertook not to challenge their validity, and agreed to pay Rs. 9,50,000/- per the settlement timelines; the statement of defendant’s counsel adhering to the timelines was recorded and the defendant held bound. Suit decreed in terms of the Settlement Agreement (part of the decree) and Para 45 (A) of the plaint; Registry directed to issue a certificate of Refund of Full Court Fees; suit with pending applications (CRL.M.A. 10836/2024, I.A. 6943/2024, I.A. 43704/2024) disposed of.

$~20

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(COMM) 614/2022 & CRL.M.A. 10836/2024, I.A. 6943/2024,

I.A. 43704/2024

MR SANJAY ARORA .....Plaintiff

Through: Mr. Rishabh Gupta, Advocate (through VC) versus

JASMER .....Defendant Through: Mr. Harish Kumar, Advocate (through VC)

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R % 03.03.2025

A Settlement Agreement dated 29^th January, 2025, has been received from the Delhi High Court Mediation and Conciliation Centre.

The present suit has been filed by the plaintiff seeking various reliefs with respect to the infringement of the trademark of the plaintiff and passing off, etc.

It is noted that vide order dated 24^th April, 2024, this Court restrained

the defendant from using the plaintiff’s TIGER mark, i.e.,

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 07/03/2025 at 12:28:40

or the impugned mark ‘TIGER KISSAN PIPE’, i.e., or any other mark identical or deceptively similar to that of the plaintiff’s registered ‘TIGER’ mark, either as a wordmark or part of logo/device, part of trade dress, domain name, promotional campaign and promotion.

The parties were referred to Delhi High Court Mediation and Conciliation Centre, vide order dated 23^rd October, 2024, wherein, after comprehensive mediation sessions, the parties have entered into a Settlement Agreement dated 29^th January, 2025.

Learned counsels appearing for both the parties confirm the terms of the Settlement, and submit that the suit be decreed, in terms thereof. 6. This Court has perused the terms of the settlement and finds the same to be lawful.

As per the settlement, the defendant acknowledges and recognizes

that the plaintiff is the proprietor of the TIGER mark, i.e., and of the copyright which subsist in the art work of the TIGER mark and undertakes not to challenge the validity of the same before any court of law and/or forum.

In terms of the settlement, the defendant has agreed to pay an amount of ₹ 9,50,000/- (Rupees Nine Lakhs Fifty Thousand Only) to the plaintiff, as

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 07/03/2025 at 12:28:40

per the timelines, stated therein.

Learned counsel appearing for the defendant submits that the timelines for making the payment, as given in the Settlement Agreement, shall be adhered to.

The aforesaid statement is recorded and the defendant is held bound by the said statement and terms of the settlement, thereof.

Accordingly, it is directed that the defendant shall make payment to the plaintiff in terms of the timelines set forth in the Settlement Agreement. 12. In view of the above, the suit is decreed in favour of the plaintiff and against the defendant in terms of the Settlement Agreement, which shall form part of the decree, and in terms of Para 45 (A) of the plaint.

Let decree sheet be drawn up,

In view of the fact that the parties have entered into a settlement, the Registry of this Court is directed to issue a certificate of Refund of Full Court Fees in favour of the plaintiff.

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

MINI PUSHKARNA, J

MARCH 3, 2025 ak

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 07/03/2025 at 12:28:40