IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S ALFA LAVAL CORPORATE AB & ANR. VS. M/S AG PHE ENGINEERING AND SERVICES
CS(COMM) 885/2025
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 885/2025, I.A. 20741/2025 & I.A. 20745/2025 LT FOODS LIMITED & ANR. .....Plaintiffs Through: Mr. R. Abhishek, Mr. Praveen Kumar, Mr. Sidhi Pramodh Rayudu and Mr.
Avinash Sharma, Advocates.
versus M/S ASHISH TRADERS .....Defendant Through: Mr. Ankur Vyas, Advocate (Through VC)
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 20.02.2026 I.A. 4784/2026 (under Order XXIII Rule 3 CPC)
1. This is an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, (hereinafter referred to as ‘CPC’) filed jointly on behalf of the plaintiffs as also the defendant.
2. Learned counsel for the parties jointly submit that an out of Court settlement resolving the disputes between the parties has fructified and the terms of settlement have been reduced into writing vide the Settlement Agreement dated 11.12.2025.
3. The said Settlement Agreement dated 11.12.2025 is appended to the application as Document-A.
4. The terms of settlement commence from page no.15 from para (i) to (xiii) which are reproduced hereunder:-
“i. The Defendant acknowledges and confirms that the Plaintiffs are the proprietors of the trademarks/labels "DAAWAT'' and "ROYAL" and related marks, the details of which are set out in Annexure - B & C respectively hereto, and that such marks are registered in India and abroad and enjoy extensive reputation and goodwill.
ii. The Defendant expressly acknowledges and accepts that the trademark/label 'DAAWAT' is a well-known mark belonging to the Plaintiffs within the meaning of the Trade Marks Act, 1999, and that the Plaintiffs enjoy an extensive and enforceable reputation and goodwill in the said mark.
iii. The Defendant hereby undertakes to restrain itself, its directors, its principal officers, family members, servants, agents, vendors, dealers, manufacturers, distributors, retailers and anyone acting for and on its behalf from producing, selling, offering for sale or advertising, promoting its goods or services, exporting or enabling advertising campaigns either directly or indirectly in physical/electronic form, internet, websites or in any manner any product packaging bearing the mark /label "DAWAT" or "ROYAL' in conjunction with any other word which is identical or deceptively similar to the Plaintiffs marks /labels of "DAWAT" or "ROYAL" or related marks, or in a manner so as to suggest an affiliation approval, license, connection, sponsorship or endorsement with the Plaintiffs so as to result in Infringement. iv. The Defendant hereby undertakes to restrain itself, its directors its principal officers, family members, servants, agents, vendors, dealers, manufacturers, distributors, retailers and anyone acting for and on its behalf from producing, selling, offering for sale or advertising, promoting its goods or services, exporting or enabling advertising campaigns either directly or indirectly in physical/electronic form, internet, websites or in any manner any product packaging bearing the mark/label “DAWAT” or ”ROYAL” in conjunction with any other word which is identical or deceptively similar to the Plaintiffs marks /labels of "DAWAT" or ”ROYAL” or related marks, or in a manner so as to suggest an affiliation, ~ approval, license, connection, sponsorship or endorsement with the Plaintiffs so as to result in Infringement.
v. The Defendant hereby undertakes to restrain itself, its directors, its principal officers, family members, servants, agents, vendors, dealers, manufacturers, distributors, retailers and anyone acting for and on its behalf from infringing the copyright of the Plaintiffs in the trademark ''DAWAT" or "ROYAL" and related marks.
vi. The Defendant further undertakes to refrain from passing off its goods or business as those of the Plaintiffs by using packaging, get-up, colour scheme, design, or trade dress identical or deceptively similar to those used by the Plaintiffs for their "DAAWAT" and "'ROYAL" brands vii. The Defendant
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