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$-22 HIGH COURT OF DELHI FAO(OS)
(COMM)310/2018 MUKESH KUMAR KEDIA & ORS Appellants
Through: Mr.Hemant Deswani and Mr.Harsh Vardhan,Advocates.
(COMM)310/2018 MUKESH KUMAR KEDIA & ORS Appellants
Through: Mr.Hemant Deswani and Mr.Harsh Vardhan,Advocates.
VERSUS
MARICO LTD Respondent
Through: Mr.Chander M.Lall, Senior Advocate with Ms.Shikha Sachdeva, Ms.Mugdha and Mr.Rupin Behl, Advocates.
Through: Mr.Chander M.Lall, Senior Advocate with Ms.Shikha Sachdeva, Ms.Mugdha and Mr.Rupin Behl, Advocates.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MS.JUSTICE JYOTISINGH
21.12.2018 Caveat No.1211/2018 Since learned counsel for respondent enters appearance, the caveat stands disposed of.
HON'BLE MS.JUSTICE JYOTISINGH
21.12.2018 Caveat No.1211/2018 Since learned counsel for respondent enters appearance, the caveat stands disposed of.
CM APPL.54346/2018(exemption)
Exemption allowed,subject to alljust exceptions.
The application stands disposed of.
FAO(OS) (COMMl 310/2018 & CM APPL. 54345/2018 (stavl.
54347/2018(delavl The suit file bearing no.CS(COMM) 1569/2016 has been called today.
The present appeal is directed against the order dated 27.08.2018 passed by a learned Single Judge ofthis Court by which an application filed by the respondent/plaintiff under Order XXXIX Rules 1 and 2 CPC has
2018:DHC:9152-DB been allowed and the following order was passed:
Exemption allowed,subject to alljust exceptions.
The application stands disposed of.
FAO(OS) (COMMl 310/2018 & CM APPL. 54345/2018 (stavl.
54347/2018(delavl The suit file bearing no.CS(COMM) 1569/2016 has been called today.
The present appeal is directed against the order dated 27.08.2018 passed by a learned Single Judge ofthis Court by which an application filed by the respondent/plaintiff under Order XXXIX Rules 1 and 2 CPC has
2018:DHC:9152-DB been allowed and the following order was passed:
"75. Consequently, the defendants, their partners, principals, directors, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies and assigns are restrained from manufacturing, distributing, exporting, selling, offering for sale, advertising, promoting, displaying and/or using, in any manner whatsoever, the impugned products namely EVEREST COCONUT OIL and/or EVEREST JASMINE HAIR OIL and/or any other product bearing any other label/trade dress/packaging/mark/bottle shapes/shape ofjars deceptively and/or confusingly similar to the plaintiff's trade marks/labels/packaging/bottle shapes for the PARACHUTE (labels), FLAG DEVICE, BROKEN COCONUT DEVICE, PARACHUTE BOTTLE, PARACHUTE JAR and/or PARACHUTE ADVANSED JASMINE (labels) and/or variants and the unique/distinctive trade dress/bottle shapes/shape of jars relating thereto as a trade mark/label or part of a trade mark/label, trade name or a part of trade name, domain name or a part of domain name or in any other manner whatsoever.
76.Accordingly,LA.No.14758/2016 stands disposed of."
After some hearing in the matter, the learned counsel for the appellant, on instructions, submits that he has no objection in case the respondent/plaintiffgives up the claim for damage and the suit is decreed in favour of the respondent. He further submits that two months time be granted to enable him to dispose of the existing stocks, if any. Learned counsel further submits that within the same period, he would destroy all advertising materials,dyes,casts,etc.
Mr. Lall, learned Senior Counsel for the respondent/plaintiff, on instructions, has agreed to give up the reliefofdamages. Accordingly,the suit filed by the respondent/plaintiff is decreed in favour of the respondent/plaintiffin terms ofthe prayers(A)and(B)ofthe plaint in terms ofthe settlement arrived at between the parties. Two monthstime is granted to the appellant to dispose ofthe existing stock, ifany and within the same period,he will destroy all advertising materials,dyes,casts etc.
Decree sheet be drawn up accordingly.
Copy of this order be placed in the suit file being
After some hearing in the matter, the learned counsel for the appellant, on instructions, submits that he has no objection in case the respondent/plaintiffgives up the claim for damage and the suit is decreed in favour of the respondent. He further submits that two months time be granted to enable him to dispose of the existing stocks, if any. Learned counsel further submits that within the same period, he would destroy all advertising materials,dyes,casts,etc.
Mr. Lall, learned Senior Counsel for the respondent/plaintiff, on instructions, has agreed to give up the reliefofdamages. Accordingly,the suit filed by the respondent/plaintiff is decreed in favour of the respondent/plaintiffin terms ofthe prayers(A)and(B)ofthe plaint in terms ofthe settlement arrived at between the parties. Two monthstime is granted to the appellant to dispose ofthe existing stock, ifany and within the same period,he will destroy all advertising materials,dyes,casts etc.
Decree sheet be drawn up accordingly.
Copy of this order be placed in the suit file being
CS.(COMM).1569/2016.
Since the matter has been resolved through mediation ofthe court,the courtfees in the appeal and also in the CS.(COMM).1569/2016 be refunded to the respective parties.
The appeal is disposed ofin terms ofthe settlement.
• S. G.S.SISTANI,J
JYOTISINGH,J DECEMBER 21,2018 ssc/pst FAO(OS)
(COMM)310/2018 Pageg of^
Since the matter has been resolved through mediation ofthe court,the courtfees in the appeal and also in the CS.(COMM).1569/2016 be refunded to the respective parties.
The appeal is disposed ofin terms ofthe settlement.
• S. G.S.SISTANI,J
JYOTISINGH,J DECEMBER 21,2018 ssc/pst FAO(OS)
(COMM)310/2018 Pageg of^
JUDGMENT