M/S Fargo Nice Company (India) & Ors. v. Mr. Nishchay Kukreja & Ors.
Case brief
What is this about?
Consent/settlement order; compromise decree; Order XXIII Rule 3 CPC; Section 151 CPC; MoU/Settlement Deed dated 11.11.2025; family settlement of three suits; trademark/impugned marks; Local Commissioner seizure; superdari; destruction of seized packaging material on 15.06.2026; videography of destruction; Demand Draft Rs. 7,50,000/-; refund of entire court fees; Court Fees Act, 1870; CS(COMM) 1113/2016; CS(OS) 475/2021; CS (DJ) No. 1021/2021 Tis Hazari; Delhi High Court; Jyoti Singh, J.
What did the court decide?
Both suits (CS(COMM) 1113/2016 and CS(OS) 475/2021) decreed in terms of the settlement; the terms of the MoU dated 11.11.2025 form part of the decrees and bind the parties; Defendants to destroy the seized packaging material bearing the impugned marks on 15.06.2026 at 02:00 PM in the presence of the Plaintiffs' Authorized Representative, with videography by both parties and preservation of the video; Plaintiffs entitled to refund of entire court fees under the Court Fees Act, 1870; Registry to draw up decree sheets; suits disposed of along with pending applications.