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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 636/2023

M/S TEJ RAM DHARAM PAUL .....Plaintiff

Through: Mr. Raghav Bahlla, Adv.

versus

SUNDER LAL GOYAL & ANR. .....Defendants

Through: Ms. Shreya Gagneja, Adv. for D-1

(Through VC)

CORAM:

HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 22.12.2025

I.A. 29392/2025

1. This application under Order XXIII Rule 3 of Civil Procedure Code,

1908 [‘CPC’] has been filed by the Plaintiff and Defendant No. 1 for

recording of compromise between the parties and the decree in the suit.

2. Ms. Shreya Gagneja, learned counsel for Defendant No. 1 states that

Defendant No. 1 has agreed to settle the suit on the terms and conditions set

out in paragraph no. ‘7’ of this application and has agreed to suffer a decree

of permanent injunction in terms of paragraph no. 67(a) to (g) of the plaint.

2.1. She states that Defendant No. 1 has also undertaken obligations to

withdraw its trademark applications as enlisted in paragraph no. ‘5’ of the

application.

2.2. She states that Defendant No. 1 is the Director of Defendant No. 2

company and Defendant No. 2 as well will remain bound by the terms and

CS(COMM) 636/2023 Page 1 of 3

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 06/02/2026 at 08:35:23

conditions agreed between Defendant No. 1 and the Plaintiff.

3. Mr. Raghav Bahlla, learned counsel for the Plaintiff confirms the

submissions of Defendant No. 1 and states that in view of settlement arrived

between the parties, the Plaintiff is not pressing for its remaining reliefs in

the plaint.

4. This Court is satisfied that the compromise between the parties as

contained in the captioned application satisfies the requirement of the Order

XXIII Rule 3 CPC; the agreement is lawful and therefore, this Court does

not find any impediment in disposing of the underlying suit in terms of the

aforenoted settlement.

5. The statement and undertakings given by the learned counsel for the

parties are accepted by this Court and the parties are held bound by the

same. The application is taken on record and marked as Exhibit C

6. Defendant No. 2 shall also remain bound by the undertakings given

by Defendant No. 1.

7. The suit is decreed in terms of paragraph nos. ‘5’ and ‘7’ of this

application. In addition, this suit is decreed for the relief of permanent

injunction in favour of the Plaintiff and against Defendant No. 1 in terms of

prayer clauses mentioned at paragraph no. 67(a) to (g) of the plaint.

8. The relief of delivery up, damages and costs as sought at paragraph no.

67(h) to (j) of the plaint are disposed of as not pressed.

9. The Registry of this Court is directed to prepare a decree in terms of

this order.

Refund of Court fees

10. Mr. Raghav Bahlla, learned counsel for the Plaintiff has also

requested for partial refund of court fees in favour of the Plaintiff.

CS(COMM) 636/2023 Page 2 of 3

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 06/02/2026 at 08:35:23

11. Keeping in view the aforesaid facts and having regard to Section 16

and 16A of the Court Fees Act, 1870, the registry is directed to refund 50%

Court Fees in favour of Plaintiff within four [4] weeks, in accordance with

law.

12. It is made clear that if the Plaintiff approaches the Court for execution

of the decree, he shall make good the entire Court fees.

13. Pending applications, if any, stands disposed of.

14. All future dates stand cancelled.

15. The digitally signed copy of this order, duly uploaded on the official

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated

as a certified copy of the order for the purpose of ensuring compliance. No

physical copy of order shall be insisted by any authority/entity or litigant.

MANMEET PRITAM SINGH ARO