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2025 Supreme(Online)(Del) 6428
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
MARC SALON AND BEAUTY EQUIPMENTS PVT LTD – Appellant
Versus
M/S SAKHI BEAUTY CONCEPTS – Respondent
CS(COMM) 943/2024
For the Appellants/Petitioners: Mr. Jayant Kumar, Ms. Ruchi Singh
For the Respondents: Mr. Siddharth Srivastava, Mr. Saurav Sharma, Ms. Khushi Gupta
Parties can mutually withdraw claims and petitions while reserving rights on remaining legal arguments.
Headnote:In this case concerning design infringement, the Plaintiff has agreed to withdraw its claim against specific products of the Defendants while both parties have agreed to withdraw corresponding rectification petitions, maintaining no liability. The court acknowledges this agreement and directs the withdrawal of the petitions. The remaining issues will continue to be assessed on their merits.
| Table of Content |
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| 1. parties agreed to withdraw specific claims and rectification petitions. (Para 1 , 2) |
| 2. court acknowledges withdrawal and allows defendants to deal with products. (Para 5 , 6 , 7) |
| 3. plaintiff states intention to assert claims on other product. (Para 8) |
O R D E R
% 02.09.2025
1. Learned counsel for the Plaintiff has taken instructions and submits that with respect to the challenge to Defendants’ products identified as Product Nos. 4, 6 and 13 in the plaint, the Plaintiff is willing to withdraw its claim for infringement without in any manner admitting to any liability.
1.1. He further submits that the Defendants as well should withdraw their rectification petition qua the Plaintiff’s registered design vis-à-vis Product Nos. 4, 6 and 13.
2. In response, learned counsel for the Defendants states that the aforesaid suggestion of the Plaintiff is agreeable to the Defendants.
2.1. He states that the Defendants will withdraw the rectification petitions vis-à-vis Product Nos. 4, 6 and 13 within a period of four (4) weeks with prior notice to the counsel for the Plaintiff.
3. The submission of the Plaintiff and Defendants are taken on record. CS(COMM) 943/2024 Page 1 of 3
4. The Product Nos. 4, 6 and 13 of the Plaintiff and the Defendants are set out as hereunder for clarity:
5. In view of the aforesaid submissions of the Plaintiff, challenge to Defendants’ Product Nos. 4, 6 and 13 are deleted from the scope of this suit. The Defendants will be at liberty to deal with its products enlisted as Product Nos. 4, 6 and 13 as identified in the suit.
6. It is directed that the Defendants will withdraw its rectification petitions vis-à-vis Product Nos. 4, 6 and 13 within four (4) weeks.
7. The aforesaid concessions made by the Plaintiff and Defendants are without any liability on either of the party and the remaining issues in the matter will be decided on its own merits.
8. With respect to Product No. 5, learned counsel for the Plaintiff states that he would like to make submissions and assert its claims of infringement.
The said statement is taken on record.
9. List on 25.09.2025.
