ORDER (Oral)

CS(COMM) 98/2023

1. The dispute between the parties stand amicably resolved and the terms of settlement have been placed on record in an application i.e. IA 25081/2023 jointly filed by the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC). The terms of settlement read thus:

"i. The Defendants hereby recognize the Plaintiff as the proprietor of the registered design under no. 330602-001 in class 25-04 for ceiling fans, having the exclusive right to the use of the aforementioned design;

ii. The Defendants undertake to refrain themselves, their directors, proprietors, partners, their assignees in business, distributors, dealers, stockists, retailers, servants and agents from manufacturing, marketing, selling, or distributing any ceiling fans bearing a design that is identical or deceptively similar to the Plaintiff's registered design;

iii. The Defendants affirm that there are no existing stocks of ceiling fans under the impugned design available with them;

iv. The Defendants state that they have discontinued all production and destroyed all the stationery, packaging, promotional and publicity material, and labels and moulds under the impugned design;