DELHI HIGH COURT
L&T VALVES LIMITED – Appellant
Versus
UNIMAX VALVES – Respondent
CS(COMM)-659_2022
CS (Comm) 565/2022 & Contd. matter Page 1 of 6
$~4 and 5
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+
CS(COMM) 565/2022, I.A. 12969/2022, I.A. 12970/2022, I.A.
15140/2022 and I.A. 2861/2023
L&T VALVES LIMITED
..... Plaintiff
Through:
Mr. Aditya Gupta and Mr.
Sauhard Alung, Advs.
Versus
UNITEK VALVES PRIVATE LIMITED
..... Defendant
Through:
Mr. Aniket Jain and Mr. Vidyut
Kayarkar, Advs
+
CS(COMM) 659/2022, I.A. 15529/2022 and I.A. 15530/2022
L&T VALVES LIMITED
..... Plaintiff
Through:
Mr. Aditya Gupta and Mr.
Sauhard Alung, Advs.
versus
UNIMAX VALVES
..... Defendant
Through:
Mr. Aniket Jain and Mr. Vidyut
Kayarkar, Advs
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
JUDGMENT (ORAL)
%
24.11.2023
1.
The dispute between the parties in these suits stand settled by
way of Settlement Agreement dated 3 June 2023 executed under the
aegis of the Delhi High Court Mediation and Conciliation Centre. The
agreement refers to M/s. L&T Valves Limited as the “first party” and
M/s. Unitek Valves Private Limited, M/s. Unimax Valves and Mr.
Digitally Signed
By:HARIOM
Signing Date:28.11.2023
14:31:22
Signature Not Verified
CS (Comm) 565/2022 & Contd. matter Page 2 of 6
Khursheed Ahmed Khan collectively as the “second party”. The
terms of settlement read as under:
“1.
Mr. Tufail Ahmed Khan states and represents to that he is
a director, a shareholder and promoter of Unitek Valves Private
Limited and is responsible for its operations. A copy of the
identity card of Mr. Tufail Ahmed Khan is being filed herewith
along with the GST registration certificate of Unitek Valves
Private Limited is being filed herewith.
2.
Mrs. Sabiha Khursheed Khan, w/o Mr. Khursheed Ahmed
Khan states and represents that she is the sole proprietor of
Unimax Valves and that Mr. Khursheed Ahmed Khan is involved
in the day-today business and operations of Unimax Valves. A
copy of the identity card of the sole proprietor of M/s Unimax
Valves and Mr. Khursheed Ahmed Khan is being filed herewith,
along with its GST registration certificate is being filed herewith.
3.
Mr. Tufail Ahmed Khan, Mrs. Sabiha Khursheed Khan
and Mr. Khursheed Ahmed Khan, state and represent that apart
from Unitek Valves Private Limited and Unimax Valves, neither
they nor any of their relatives, affiliates and partners are operating
nor associated/affiliated with any other entity using the mark
L&T, L&T Valves Limited, LT and any other deceptively similar
mark or any other mark similar thereto in any manner whatsoever.
4.
The Second Party agree that the First Party is the prior
adopter and user of the corporate name L&T Valves Limited and
the trademark LTV and that the First Party enjoys extensive
goodwill and reputation in the same and their use of the
trademarks L&T, L&T logo, L&T Valves, LT and L&T Valves
Limited infringes the First Party's rights.
5.
The Second Party agree and undertake that they have
already ceased and that they shall in future not directly or
indirectly, manufacture, advertise, trade in, sell, offer for sale,
export or in any other manner use with respect to any goods or
services, the trademarks L&T, LNT, LT and LTV and any other
mark deceptively similar to the trademark L&T, LNT, LTV and
LT, either as a word or a logo (collectively "In fringing Marks").
Without prejudice to the generality of the fore going, the Second
Party specifically undertake not to use the Infringing Marks
including (but not limited to the following): products, spare parts,
parts of products, name plates, moulds, packaging, letterheads,
certificates,
invoices,
documents,
brochures,
websites,
Digitally Signed
By:HARIOM
Signing Date:28.11.2023
14:31:22
Signature Not Verified
CS (Comm) 565/2022 & Contd. matter
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