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2025 Supreme(Online)(Del) 46658

IN THE HIGH COURT OF DELHI AT NEW DELHI
X VS. ASHOK KUMAR & ORS.
CS(COMM) 1236/2025



##PAGE1##

$~18

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1236/2025

SANJAY MEHRA .....Plaintiff

Through: Mr. Manish Biala & Mr. Devesh

Ratan, Advocates.

versus

DEEPAK KUMAR SHARMA & ORS. .....Defendants

Through: Mr. Puneet Ahuja, Advocate.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 24.12.2025

I.A. 32901/2025

1. This is a joint Application under Order XXIII Rule 3 read with Section

151 of the Code of Civil Procedure, 1908.

2. The learned Counsel for the Parties submit that during the pendency of

the present Suit, the Defendants approached the Plaintiff and offered to settle

the disputes by giving up the use of the Impugned Mark, ‘ ’.

3. Accordingly, the Parties have decided to settle the disputes amicably

and arrived at the settlement terms (“Terms of Settlement”) as under:

“i. The Defendants hereby acknowledge that all rights, title,

interest, and goodwill in the trademarks SUPERON /

,andallitsformativemarksandvariants(asmentionedinparagraph

4 of the plaint), in present or in future, belong exclusively to the

Plaintiff and the Defendants have no rights, titles or interest in the

said trademarks whatsoever.

ii. The Defendants also acknowledge that the Plaintiffs aforesaid

trademarks have become well-known trademarks in India.

CS(COMM)1236/2025 Page 1 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 20:47:13

##PAGE2##

iii. The Defendants hereby undertake before this Hon'ble Court

that henceforth, the Defendants, and any person or entity acting for

or on their behalf either directly or indirectly, including any legal

heirs, successors, sister-concerns, representatives, distributors,

stockist and assigns in business, shall not use in any manner

whatsoever any mark visually, phonetically, or structurally identical

or deceptively similar to the Plaintiffs trademarks, so as to result in

passing off and infringement.

iv. The Defendants declare that they have filed an application

dated 28th October, 2025 before the Ministry of Corporate Affairs to

seek approvalofthe change ofname ofthe DefendantNo.3company

from Superon Global Venture Private Limited to SUNGO Power

Solution Private Limited. Further, the Defendants have received

approval from the Ministry of Corporate Affairs for the said change

of name on 12th November 2025. A copy of the said approval is being

filed herewith.

v. The Defendants further submit that the Board of Directors of

the Defendant No. 3 company has also approved the aforementioned

change of the company's name through a resolution dated 12th

November 2025. The Defendants have thereafter duly filed Form

MGT- 14 with the Registrar of Companies for recording the said

resolution under the Companies Act, 2013 and the same is has been

approved by the MCA. Copy of the said Form MGT-14 is being filed

herewith. It is further submitted that the Registrar of Companies is in

the process of issuing a fresh Certificate of Incorporation, approving

the new name SUNGO Power Solution Private Limited. Henceforth,

theDefendantsshallonlyusethenewnameasaforesaidandshallnot

use the old name of the company in any manner whatsoever.

vi. TheDefendantsundertakeanddeclarethattheydonotpossess

any articles, materials or goods in their possession, bearing the

impugned trademark. Further, the Defendants have not created any

domain,emailID, orother identifiersusingthe impugned trademark,

andthey have notfiledanytrademark applicationfortheregistration

of the impugned trademark.

vii. The Defendants render unconditional apology to the Plaintiff

for passing off and infringing Plaintiffs trademarks. The Defendants

CS(COMM)1236/2025 Page 2 of 4

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 20:47:13

##PAGE3##

hereby undertake that they shall never incorporate any entity

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