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C. HARI SHANKAR
Dfm Foods Limited – Appellant
Versus
Mahesh Namkeen Private Limited – Respondent
ORDER (Oral)
I.A. 15840/2023 (under Order XXIII Rule 3 of the CPC)
1. The dispute between the parties stands settled and a joint application has been filed to dispose of the suit in terms of the settlement.
2. The terms of settlement read thus:
"a. The Defendant/Respondent acknowledge the proprietary rights of the Plaintiff's/Applicant's trade marks CURLS, and CRAX CURLS under numbers 3164035 and 3667345 and Plaintiffs/Applicant's CURLS and/or CRAX CURLS trade dress/artwork/getup/label under number A-131999/2019 of Plaintiffs/Applicant's copyright therein with respect to corn-based snacks and/or any packaged snack foods in any manner whatsoever.
b. The Defendant/Respondent has voluntarily agreed to discontinue the use of the impugned trade mark CURLY and/or MAHESH CURLY and/or any other mark which is deceptively similar to the mark of the Plaintiff with respect to corn based snacks and/or any packaged snack foods.
d. Defendant/Respondent agrees that any existing stock of goods/packaging, laminates containing bearing the mark/trade dress/artwork/getup/label under CURLY and MAHESH CURLY shall be duly destroyed in presence of the Plaintiff's representative within 7 days from the date of
The Settlement Agreement resolved trademark infringement claims and imposed binding obligations on the defendants, including the destruction of infringing goods and non-engagement in further violatio....
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
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 applied Order XXIII Rule 3 of the CPC to decree the suit in terms of the settlement reached between the parties.
The court can decree a suit in terms of a settlement agreed upon by the parties under Order XXIII Rule 3 of the CPC.
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 upheld the settlement agreement as lawful and binding, leading to the decree of the suit in terms of the settlement.
Settlement of disputes and acknowledgment of terms of settlement by the parties can lead to the court decreeing the suit in favor of the settling party.
Settlement agreements under Order XXIII Rule 3 of the CPC can lead to the decree of suits and resolution of disputes, binding the parties to the terms of the agreement.
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