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DELHI HIGH COURT
C.HARI SHANKAR
Allied Blenders and Distillers Pvt. Ltd. – Appellant
Versus
Agribiotech Industries Limited – Respondent
| Table of Content |
|---|
| 1. settlement terms regarding trademarks and copyright (Para 1) |
| 2. counsel confirms settlement agreement (Para 2) |
| 3. no further adjudication required (Para 3 , 4) |
| 4. application allowed; court fee refund terms (Para 5 , 6) |
ORDER
(Video-Conferencing)
IA 2508/2021 (Order XXIII Rule 3 CPC) and CS(COMM) 166/2020
1. This is a joint application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, for decreeing the suit as per the terms of the settlement, which have been arrived at between the parties. The terms of the settlement, as contained in para 2 of the application, may be reproduced.
"a. The Defendant acknowledges that the Plaintiff is the registered proprietor of the "Officer's Choice" and "Officer's Choice Blue" trademarks and labels, as stipulated under Paragraph 8 of the Plaint, and that the Plaintiff is also the owner of the copyright in the labels bearing the "Officer's Choice" and "Officer's Choice Blue" trademarks.
b. Subsequent to the filing of the present suit the Defendant undertakes before this Hon'ble Court that it will cease the use of the label/trade dress/ mark as shown below:
(Hereinafter collectively may also be referred to as the impugned
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 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.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
Enforceability of settlement agreement 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's approval of the settlement agreement and the subsequent decree based on the terms of the agreement.
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.
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