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C. HARI SHANKAR
Impresario Entertainment And Hospitality Pvt. Ltd. – Appellant
Versus
Orangebelly Food And Beverages Pvt. Ltd. – Respondent
ORDER (Oral)
I.A.8270/2023 (under Order XXIII Rule 3 of the CPC) in CS(COMM) 119/2022
1. The dispute between the parties stands settled and the present joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been filed by the parties. The terms of settlement read thus:
"A. The Defendant acknowledges that the Plaintiff is the prior adopter and the proprietor of the trade mark 'SOCIAL' and all its variants, as have been mentioned in paragraphs 9, 12, 14 & 42 of the plaint;
B. The Defendant acknowledges the fame and reputation of the aforesaid trade marks in India and undertakes never to challenge the rights of the Plaintiff with respect to the above trade marks at any time, in any proceedings in courts of law or otherwise, anywhere in the world, including India.
C. The Defendant further undertakes to this Hon'ble Court that the Defendants, their directors, partners, employees and assigns (a reference to assigns will hereinafter include any associated and/or group company of the Defendants) will with immediate effect do as under:
i) refrain from using the trade mark `SOCIAL' and/or any other trade mark deceptively similar to the Plaintiffs trade mark 'SOC
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
Enforcement of settlement terms and direction to cancel infringing marks by the Trade Marks Registry
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
The court applied Order XXIII Rule 3 of the CPC to decree the suit in terms of the settlement reached between the parties.
Mutual agreement between parties led to the cessation of trademark infringement and settlement terms binding on all parties involved.
The court upheld the settlement agreement as lawful and binding, leading to the decree of the suit in terms of the settlement.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
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