Mahabir Prashad Mangla & Anr v. Hari Kishan Gupta

1. The disputes between the parties stand settled and a joint application under Order XXIII Rule 3 of the Civil Procedure Code, 1908 (‘CPC’) has been filed, which is signed by the parties as well as the learned counsel.

2. The terms of the settlement read thus: “(i) That the defendant acknowledges the Plaintiffs’ exclusive rights in their trademarks as mentioned in the plaint.

(ii) That the defendant undertakes not to use the impugned mark MANGLAM and

HOM1984HARIMANGLA in relation to their impugned goods i.e. Edible Oil and other allied/ cognate goods/business and from doing any act amounting to or resulting in infringement of registered trademark of the plaintiffs and amounting to passing off. Signing Date:02.01.2024 22:23

(iii) That the defendant affirms before this Hon'ble Court that he now has no stocks of unfilled/filled labels/packagings, empty pouches, bottles, poly bags, packing material, label, sticker, carton, container or any other incriminating label/packaging bearing the impugned trademark MANGLA and impugned label packaging/ colour combination and that he has already destroyed all such materials including the impugned labels/packagings, bottles, packing materials bearing the impugned trademark/label mark/packaging etc.

(iv) That in view of the above the defendant will suffer a decree of permanent injunction in terms of this settlement.

(v) That the defendant undertakes to withdraw

(vi) That in consideration of the above-mentioned undertakings of the defendant, the Plaintiffs do not press for its claims as contained in paragraph no. 60 (i) of prayer in the plaint. The plaintiff gives up any and all claims for damages, compensation or accounts now and for all times to come.

(vii) That this compromise binds the parties, proprietor, their directors, proprietors, partners, heirs, legal representatives, successors and assigns.

(viii) That the plaintiffs would be entitled for the return of the court fees as filed with the present plaint.”

3. Both the parties are represented by learned Counsel who undertake on behalf of their respective clients to remain bound by the terms of the settlement.

4. The Court has perused the terms of the settlement and find them to be lawful and in order.

5. As such, the dispute in the suit does not survive for consideration.

6. The suit stands decreed in terms of the settlement terms reproduced hereinabove by which the parties shall remain bound. Signing

7. Let a decree sheet be drawn up accordingly.