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$~41

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 164/2025, I.A. 4947/2025, I.A. 11880/2025, I.A.

21589/2025 & I.A. 32573/2025

NEW BALANCE ATHLETICS, INC. .....Plaintiff

Through: Ms. Anuja Chaudhary & Ms. Adhya,

Advocates.

versus

ANKIT GUPTA AND ANR. .....Defendants

Through: Ms. Shreya Gagneja, Advocate

(through VC).

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 23.12.2025

I.A. 32573/2025

1. This is a joint Application filed by the Parties under Order XXIII Rule

3 read with Section 151 of the Code of Civil Procedure, 1908.

2. The learned Counsel for the Parties submitted that during the

pendency of the present Suit, the Parties have been able to amicably settle

the disputes in the present Suit on the following terms (“Terms of

Settlement”):

“2. The parties submit that during the pendency of the suit, the

Plaintiff and the Defendants have arrived at an amicable settlement

on the following terms and conditions, without prejudice to their

respective rival contentions:

a. This settlement agreement binds the Plaintiff, its affiliated

companies, distributors and franchisees, as well as the

Defendant No. 1, Ankit Gupta, trading as Anvik

International, and the Defendant No. 2, Shankar Lal,

trading as Capital India (hereinafter referred to as the

“Defendants”) personally, jointly and severally, as well as

CS(COMM)164/2025 Page1of9

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 23:10:05

their successors and/or subsequent assignees, or any other

related person, entity or concern in which the Defendants

may be partners, shareholders, directors or hold a majority

of shares, or that is otherwise under the control of the

Defendants.

b. The Defendants, jointly and severally, acknowledge the

Plaintiff’s right, title and interest in the (i) NB Device

marks; (ii) N Device marks; (iii) variations of the NB

Device and N Device marks, and marks that incorporate

these marks (shown in DOCUMENT A). The NB Device

marks, N Device marks, and variations of the NB Device

and N Device marks, and marks that incorporate these

marks, are hereinafter collectively referred to as the

“Plaintiff’s Marks”.

c. The Defendants, jointly or severally, state that they are

engaged in the business of manufacturing, selling/offering

for sale, marketing and advertising footwear under the

NOBELITE brand, and were using the N Device marks

(hereinafter referred to as the “Defendants’ N Marks”)

and the NBL, NBL SPORTS, NBL Device, and N

NOBELITE Device marks, and variations thereof (shown in

DOCUMENT B). The NBL, NBL SPORTS, NBL Device, N

NOBELITE Device and the Defendants’ N Marks are

hereinafter collectively referred to as the “Defendants’

Marks”, which are nearly identical/deceptively similar to

the Plaintiff’s Marks. The term ‘use’ for the purposes of

this settlement agreement includes, but is not limited to

manufacturing, packaging, marketing, distribution and/or

sale of any goods, including but not limited to footwear

and/or related services, including, retail and wholesale

services, either through offline channels, i.e., through their

retail stores or third-party retail stores or online channels,

i.e., through their own website located at www.nobelite.in

or e-commerce websites, such as Amazon, Flipkart,

JioMart, Shopsy, Meesho, etc., third party business listing

website(s), use on promotional and advertising materials,

on social media platforms, including, but not limited to,

Instagram and Facebook.

d. The Defendants, jointly and severally, undertake that they

have ceased any and all, direct and indirect use of, and will

CS(COMM)164/2025 Page2of9

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 23:10:05

never, directly or indirectly, in the future, use, or assert any

rights on