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2026 Supreme(Online)(Del) 13435

IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J
GREAVES ELECTRIC MOBILITY PRIVATE LIMITED VS. RENAULT GROUP & ANR.
CS(COMM) 323/2026



Advocates:
For the Appellants/Petitioners: Shrutika Misra, Diya Banerjee
For the Respondents: Jayesh K. Sainik, Harsshita Pothiraj, Varun Pathak, Akhil Shandilya, Nitya Nath, Priya Goyal, Aakriti Gupta

A court may decree a suit in terms of an amicable settlement between parties provided the terms are lawful and comply with the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

Headnote:The matter involves a commercial suit where a joint application was filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, stating that disputes between the plaintiffs and defendant nos. 1 to 3 were settled amicably. The court observed that no relief was sought against defendant no. 4 and defendant nos. 5 to 8 were intermediaries, leading to their deletion from the array of parties under Order I Rule 10(2) of the CPC. The court examined whether the settlement terms were lawful and within the contours of Order XXIII Rule 3 of the CPC. The settlement included the acknowledgment of exclusive proprietary and statutory rights in the intellectual property, a cease and desist undertaking regarding infringing IP, the delivery up of impugned goods and materials, and a settlement payment of INR 15,00,000. The suit is decreed and disposed of alongwith all the pending applications.

Table of Content
1. application for settlement and deletion of unnecessary parties from the suit. (Para 1 , 2 , 3 , 4 , 5)
2. terms of ip settlement including cease and desist and delivery of infringing materials. (Para 6 , 7 , 8 , 9 , 10 , 11)
3. judicial approval of lawful settlement agreements and final decree of the suit. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)

O R D E R

I.A. 15760/2026 (Under Order XXIII Rule 3, CPC)

1. This is a joint application filed on behalf of the parties i.e. plaintiffs and the defendant nos.1, 2 and 3 under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’).

2. Learned counsel for the parties i.e. plaintiff and the defendant nos.1, 2 and 3 state that the inter se disputes between the parties have been settled amicably.

3. It is also stated that the plaintiffs are not seeking any particular relief against the defendant no.4 and additionally, the fact that the defendant nos.5 to 8 are intermediaries and may be deleted from the array of parties.

4. In view of the fact that there is no particular prayer/relief sought against defendant no.4 and the fact that the defendant nos.5 to 8 are intermediaries coupled with the fact that the matter has been settled between the plaintiff and the contesting defendants, no purpose would be served in retaining the said defendants i.e. defendant nos. 4 to 8 as party defendants to the suit.

5. In view thereof, in terms of Order I Rule 10(2) of the CPC, the defendant nos.4 to 8 stand deleted from the array of parties. Amended memo of parties be filed within a week.

6. The terms of settlement have been reduced into wiring and recorded in the application from para 5(a) to 5(h). The terms of settlement are extracted hereunder:

“5. That during the said proceedings and commissions, the Defendant Nos. 1 to 3 approached the Plaintiffs to settle and amicably resolve all disputes amongst the parties, arising out of or in relation to the cause of action forming the subject matter of the Suit. That the Plaintiffs and Defendant Nos. 1-3 have amicably settled the matter on the following main terms as per the Settlement Agreement dated 21.05.2026:

a. Acknowledgment of Rights: that the Defendant Nos. 1-3 acknowledge and recognize the Plaintiffs' exclusive proprietary, statutory and common law rights in the Plaintiffs' IP (i.e. the Subject IP in the Agreement) and all of its formative/variations and agree not to challenge the Plaintiffs' proprietary, statutory and/or common law and rights directly or indirectly at any time in the future, in India and globally.

b. Cease and Desist of Impugned IP: that the Defendant Nos. 1-3 have ceased use of the Infringing IP in any manner or form for any goods or services, from 06.04.2026 and instead, adopt/adopted the mark/trade dress/packaging/ get up and

c. That the Defendant Nos. 1-3, its directors, sole proprietor(s), or any party connected, or associated, or related, or affiliated to them or directly or indirectly under their control, confirm and undertake that they have stopped I carry on its business and shall not adopt or use anytime in the future, the Infringing IP or any similar one including in standard character/ style/ device form or any other manner that are visually, phonetically, conceptually, orally or verbally identical or deceptively similar to the Plaintiffs' IP, for any goods or services.

d. That the Defendant Nos. 1-3 further undertake and agree not to use or file for registration, any intellectual property which is visually, phonetically, conceptually, orally or verbally identical or deceptively similar to the Plaintiffs' IP, for any goods or services, which may amount to infringement or passing off of the Plaintiffs' IP.

e. That the Defendant Nos. 1-3 have taken necessary steps to withdraw, pull down, remove, cancel, change and destroy any and all advertisements, promotional material, brochures, hoarding, stationery, online posts, social media and internet page

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