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C. HARI SHANKAR
Haldiram India Pvt. Ltd – Appellant
Versus
Krishnashree Foods – Respondent
JUDGMENT (Oral)
CS(COMM) 262/2023 and IA 10791/2023 (Order XXIII Rule 3 of the CPC)
1. The disputes between the parties stand settled and a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC) has been filed for decreeing the suit in terms of the settlement arrived at among the parties.
2. The terms of settlement read as under:
"6.1 The Defendant Nos. 1 & 2 admit the Plaintiff to be the owner of the trademark(s) HALDIRAM'S, HALDIRAM BHUJIAWALA, [IMG] and/or [IMG] for the entire territory of India and abroad except the State of West Bengal inter alia in respect of all kind food item, packed foods, Namkeens, Sweets and/or restaurant services under the common law as well as under the provisions of Trade Marks Act 1999 by virtue of various registrations including the registrations under no. 285062 in class 30 and various other registrations in various classes detailed in the Plaint.
6.2 The Defendant Nos. 1 & 2 further acknowledge the Plaintiff to be the owner of Copyright under the provisions of the Copyright Act 1957 in respect of the original artistic work pertaining to [IMG] and/or [IMG] and numerous packaging label(s) under the marks [IMG] and/o
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
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 upheld the settlement agreement and decreed the suit in accordance with the terms of settlement, thereby recognizing the proprietary rights of the plaintiff's trademarks and trade dress.
The court upheld the settlement reached under Order XXIII Rule 3 of the CPC, recognizing the plaintiff's rights and binding the parties to the agreed terms.
The court's approval of the settlement agreement and the subsequent decree based on the terms of the agreement.
Settlement agreements under Order XXIII Rule 3 CPC can lead to the decreeing of a suit in accordance with the terms of the settlement, effectively resolving the disputes between the parties.
The court upheld the legality and binding nature of the settlement agreement in resolving the dispute between the parties.
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