Full Text
HIGH COURT OF DELHI
Date of Decision: 17th August, 2022
STAR INDIA PVT. LTD. ..... Plaintiff
Through: Mr. Yatinder Garg and Mr. Akshay Maloo, Advocates.
Through: Mr. Afzal B. Khan and Mr. Samik Mukherjee, Advocates for D-1.
Mr. J. L. Joel, Advocate for D-17.
Mr. Aditya Vaibhav Singh, Advocate for D-46.
70/2019, 13772-73/2019, 13775-76/2019, 13778/2019
STAR INDIA PVT. LTD. ..... Plaintiff
Through: Mr. Yatinder Garg and Mr. Akshay Maloo, Advocates.
Through: Mr. D. K. Singh, Advocate for proposed D-22.
Mr. Aditya Vaibhav Singh, Advocate for D-15.
JUDGMENT
1. Injunction orders were granted in the present matters vide order dated 08.04.2019 in CS(COMM) 181/2019 and vide order dated 30.05.2019 in CS(COMM) 304/2019. 2022:DHC:3549
2. Learned counsels appearing on behalf of the parties agree that the event in question is long over in the year 2019 and no purpose will be served in continuing with the proceedings.
3. Learned counsel for the Plaintiff submits that in view of the aforesaid, the suit being CS(COMM) 304/2019 be decreed in terms of para 36 (a) of the plaint against the Defendants, save and except, Defendant No. 15, who has entered into a separate settlement agreement executed on 11.01.2021 and the suit being CS(COMM) 181/2019 be decreed in terms of para 33 (a) of the plaint against the Defendants, save and except Defendant No. 46 therein, who has entered into a separate settlement agreement executed on 11.01.2021.
4. Learned counsel appearing on behalf of Defendant No. 1 in CS(COMM) 181/2019 submits that he has not been receiving instructions from Defendant No. 1 despite having made efforts to approach the said Defendant.
5. In view of the aforesaid stand of the parties, the suit is decreed against Defendants No. 1 to 7, 9 to 14 and 16 to 20 in terms of para 36 (a) of the plaint in CS(COMM) 304/2019 and against Defendants No. 1 to 34, 36 to 45 and Defendant No. 47 in terms of para 33 (a) of the plaint in CS(COMM) 181/2019, subject to the Plaintiff giving up the claim for damages, which is the statement that learned counsel for the Plaintiff makes, on instructions, in the Court.
6. Registry is directed to draw-up the decree-sheet in the aforesaid terms.
7. Insofar as Defendant No. 15 in CS(COMM) 304/2019 and Defendant No. 46 in CS(COMM) 181/2019 are concerned, suits are decreed in terms of the settlement arrived at between the respective parties. Needless to state the settlement terms shall bind the parties.
8. Decree sheet be drawn up accordingly. Terms of settlement shall form part of the decree.
9. In view of the above, suits stand disposed of along with all pending applications.