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2023 Supreme(Del) 6047

C. HARI SHANKAR
Pentel Kabushiki Kaisha – Appellant
Versus
Arora Sationers – Respondent


Advocates appeared:
Mr. Afzal B. Khan and Ms. Suhrita Majumdar, Advocates, for the Plaintiffs.
Ms. Zeba Tarannum Khan, Ms. Deeksha Gulati and Ms. Sruthi Venugopal, Advocates, for the Defendants.

ORDER (Oral)

1. The dispute between the parties stand settled in terms of the settlement agreement dated 11 September 2023, which has been placed on record.

2. The terms of settlement read thus:

    "(i) That the Second Party/Defendants acknowledge the validity of the Registered Design of the First Party/Plaintiff in Design No. 263172 and acknowledge that Plaintiff no. 1 is the owner of the Design No. 263172 under the Designs Act, 2000 as well as under common law.

    (ii) That the Second Party/Defendants agree and undertake to cease manufacture, sale, offer for sale and/or advertise any product that is identical to or an obvious fraudulent imitation of the Plaintiff No. 1's Design bearing Registration No. 263172 which amounts to infringement of the Plaintiff's rights in their Registered Design including, but not limited to, the designs marketed under the brands MONTEX MASTANI and MONTEX X-20. An extract of the two writing instruments sold under the said brands is annexed herewith and marked as ANNEXURE-D.

    (iii) That the First Party/Plaintiffs agree and undertake that they shall not object to the Second Party's/Defendant's use of the Trade Marks-MONTEX MASTANI and MONTEX X-20.

    (iv) The Second Pa

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