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2023 Supreme(Del) 11860

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

*

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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