Dismissed¶77

Girish Hosiery Pvt. Ltd. v. Duke Fasions Pvt. Ltd.

Delhi HC21 Jan 2026C.O. (COMM.IPD-TM)/539/2022

Case brief

AI extract

What is this about?

Girish Hosiery Pvt Ltd v Duke Fashion India Ltd; Delhi High Court; C.O. (COMM.IPD-TM) 340/2022 and connected matters (411, 508, 516, 539, 555, 564, 579, 639, 650 of 2022); trade mark registration disputes; rectification petitions Delhi and Calcutta High Court; Settlement Agreement dated 05.12.2025; Assignment Deeds; withdrawal of petitions; affidavit of undertaking; dismissed as withdrawn; Tushar Rao Gedela, J; 21.01.2026.

What did the court decide?

Permission to withdraw the petitions granted; petitions dismissed as withdrawn in terms of the Settlement Agreement dated 05.12.2025, subject to filing of an affidavit of undertaking by the petitioner's authorized representatives and the Settlement Agreement within two days; parties bound by the settlement terms and statements made in Court. ¶77

Girish Hosiery Pvt. Ltd. Vs Duke Fasions Pvt. Ltd. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶77

Issue for consideration

Whether, in view of the Settlement Agreement dated 05.12.2025 and the lawfulness of its terms, the present petitions may be permitted to be withdrawn.

¶72

Court's answer

The Court perused the terms of the Settlement Agreement, found them lawful, and found no impediment in permitting the petitioner to withdraw the present petitions, subject to the filing of an affidavit of undertaking by the authorized representatives of the petitioner.

¶72

Ratio / Principle

The parties are bound by the terms of the Settlement Agreement and the statements made before the Court.

¶76

Key takeaways

In view of the statements made and the terms of the Settlement Agreement executed between the parties, the present petitions are dismissed as withdrawn.ratio¶77

Detailed headnote1 paragraphs

Delhi High Court, Single Bench (Tushar Rao Gedela, J.), order dated 21.01.2026 — Ten connected trade mark matters, C.O. (COMM.IPD-TM) 340/2022, 411/2022, 508/2022, 516/2022, 539/2022, 555/2022, 564/2022, 579/2022, 639/2022 and 650/2022, Girish Hosiery Pvt Ltd v. Duke Fashion India Ltd. and allied entities — Joint statement that out-of-court settlement talks fructified into a Settlement Agreement dated 05.12.2025 covering all ten matters; Clause 4 enlists the disputes regarding individual trade mark registration, para 9(a)-(y) records the mutually agreed terms, and para 9(t) governs the rectification petition before this Court — Parties agreed to withdraw their respective rectification petitions pending before this Court and the Calcutta High Court within 15 days of execution of the Settlement Deed and Assignment Deeds; the Calcutta High Court rectification petitions were already withdrawn — Court found the settlement terms lawful and permitted withdrawal of the petitions, subject to an affidavit of undertaking by the petitioner's authorized representatives and filing of the Settlement Agreement within two days — Parties bound by the settlement terms and statements made in Court — Petitions dismissed as withdrawn.

¶1

$~20 to 29

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

(20)

¶4

C.O. (COMM.IPD-TM) 340/2022

¶5

GIRISH HOSIERY PVT LTD. 3023, KAYASTHAN LANE, BAHADUR GARH ROAD, DELHI .....Petitioner

¶6

Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates.

¶7

versus

¶8

DUKE FASHION INDIA LTD. G.T. ROAD, NEAR JALANDHAR BYE PASS, LUDHIANA .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶9

(21)

¶10

C.O. (COMM.IPD-TM) 411/2022

¶11

GIRISH HOSIERY PRIVATE LIMITED, 3023, KYASTHAN LANE, BAHADUR GARH ROAD, DELHI .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates.

¶12

versus

¶13

DUKE FASHIONS PVT LTD. G.T. ROAD, NEAR JALANDHAR BYE PASS, LUDHIANA, PUNJAB. .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶14

(22)

¶15

- C.O. (COMM.IPD-TM) 508/2022

¶16

GIRISH HOSIERY PRIVATE LIMITED .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates.

¶17

versus

¶18

DUKE FASHION (INDIA) LIMITED .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶19

(23)

¶20

C.O. (COMM.IPD-TM) 516/2022

¶21

GIRISH HOSIERY PVT LTD. 3023, KAYASTHAN LANE,

¶22

C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 1 of 5

¶23

This is a digitally signed order.

¶24

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 28/01/2026 at 12:06:27

¶25

BAHADUR GARH ROAD, DELHI .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶26

versus

¶27

DUKE FASHION INDIA LTD. G.T. ROAD, NEAR JALANDHAR BYE PASS, LUDHIANA .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶28

(24) + C.O. (COMM.IPD-TM) 539/2022

¶29

GIRISH HOSIERY PVT LTD .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶30

versus

¶31

DUKE FASIONS PVT LTD .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶32

(25)

¶33

C.O. (COMM.IPD-TM) 555/2022

¶34

GIRISH HOSIERY PRIVATE LIMITED .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶35

versus

¶36

DUKE FASHION INDIA LIMITED AND ANR .....Respondents Through: Mr. Ayush Samaddar, Advocate.

¶37

(26)

¶38

C.O. (COMM.IPD-TM) 564/2022

¶39

GIRISH HOSIERY PVT LTD. .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶40

versus

¶41

DUKE FASHION INDIA LTD. ....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶42

(27)

¶43

C.O. (COMM.IPD-TM) 579/2022

¶44

GIRISH HOSIERY PVT LTD .....Petitioner

¶45

C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 2 of 5

¶46

This is a digitally signed order.

¶47

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 28/01/2026 at 12:06:27

¶48

Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶49

versus

¶50

DUKE FASHION INDIA LTD .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶51

(28) + C.O. (COMM.IPD-TM) 639/2022

¶52

GIRISH HOSIERY PRIVATE LIMITED .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶53

versus

¶54

DUKE FASHIONS PVT. LTD. .....Respondent Through: Mr. Ayush Samaddar, Advocate.

¶55

(29)

¶56

C.O. (COMM.IPD-TM) 650/2022

¶57

GIRISH HOSIERY PVT LTD. .....Petitioner Through: Mr. Sagar Chandra, Ms. Srijan Uppal, Mr. Abhishek Bhati and Mr. Subhadeep Das, Advocates

¶58

versus

¶59

DUKE FASHION INDIA LTD. AND ANR .....Respondents Through: Mr. Ayush Samaddar, Advocate.

¶60

CORAM:

¶61

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

¶62

O R D E R

¶63

% 21.01.2026

¶64

Mr. Sagar Chandra, learned counsel for the plaintiff and Mr. Ayush Samaddar, learned counsel appearing for the respondent jointly submit that out of Court settlement talks have fructified into terms which have been agreed and reduced into writing vide the Settlement Agreement dated 05.12.2025.

¶65

He submits that this Settlement Agreement covers (C.O. (COMM.IPD-TM) 340/2022, C.O. (COMM.IPD-TM) 411/2022, C.O. (COMM.IPD-TM) 508/2022, C.O. (COMM.IPD-TM) 516/2022, C.O.

¶66

C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 3 of 5

¶67

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 28/01/2026 at 12:06:27

¶68

(COMM.IPD-TM) 539/2022, C.O. (COMM.IPD-TM) 555/2022, C.O. (COMM.IPD-TM) 564/2022, C.O. (COMM.IPD-TM) 579/2022, C.O. (COMM.IPD-TM) 639/2022, C.O. (COMM.IPD-TM) 650/2022).

¶69

This Court notes that the Clause 4 of the Settlement Agreement enlists the disputes in respect of individual trade mark registration. It is also noted that the terms of settlement which have been mutually agreed between the parties are enumerated in para 9 commencing from sub-para (a) to (y). In respect of the dispute in regard to the rectification petition before this Court, para 9(t) would be the governing clause between the parties.

¶70

It is stated that in terms of the settlement agreement, the parties agreed to withdraw the respective rectification petitions pending before this Court as also the Calcutta High Court by moving an appropriate application before the respective High Courts within 15 days of the execution of present the Settlement Deed and the Assignment Deeds. Learned counsel for the respondent submits that so far as the rectification petitions pending before the Calcutta High Court are concerned, the same has already been withdrawn.

¶71

Mr. Chandra, learned counsel for the petitioner submits that in terms of the Settlement Agreement, the petitioner may be permitted to withdraw the present petitions and states that an affidavit of undertaking to this effect shall be filed by the authorized representative of the petitioner within two days from date. The Settlement Agreement dated 05.12.2025 shall also be filed alongwith the affidavit by making a reference thereto. The same may be filed within two days.

¶72

This Court has perused the terms of Settlement Agreement, and finds the same to be lawful and there does not seem to be any impediment in permitting the petitioner to withdraw the present petitions, subject to the filing of an affidavit of undertaking to be filed by the authorized representatives of the petitioner.

¶73

C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 4 of 5

¶74

This is a digitally signed order.

¶75

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 28/01/2026 at 12:06:27

¶76

The parties are bound by the terms of Settlement Agreement and the statements made above.

¶77

In view of the aforesaid statements and keeping in view of the terms of the Settlement Agreement executed between the parties, the present petitions are dismissed as withdrawn.

¶78

TUSHAR RAO GEDELA, J

¶79

JANUARY 21, 2026 Sumit

¶80

C.O. (COMM.IPD-TM) 340/2022 and Connected Matters Page 5 of 5

¶81

This is a digitally signed order.

¶82

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 28/01/2026 at 12:06:27

Girish Hosiery Pvt. Ltd. v. Duke Fasions Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Girish Hosiery Pvt. Ltd. v. Duke Fasions Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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