CS (COMM) 619/2019

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$~27 (original)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

I.A.3516/2021 in

+

CS(COMM) 619/2019

EWAC ALLOYS LIMITED

..... Plaintiff

Through:

Ms. Shashi Ojha, Adv.

versus

ESSEN WELDING ALLOYS PVT. LTD. ..... Defendant

Through:

Mr. Sachin Gupta, Mr.Pratyush

Rao and Ms.Ishita Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R (O R A L)

%

08.03.2021

1.

This is an application under Order XXIII Rule 3 of the Code of

Civil Procedure, 1908 for decreeing the suit on the basis of the

settlement arrived at between the parties.

I.A.3516/2021 (under Order XXIII Rule 3 of CPC)

2.

During the pendency of the proceedings, the parties have

amicably resolved their disputes. The terms of the settlement, as

contained in para 3 of the present application are as under:

“i.

The Plaintiff unconditionally undertake to withdraw its

suit against the Defendant seeking permanent injunction

restraining infringement of trade mark and copyright, passing

off, unfair competition, rendition of accounts/damages,

delivery up, etc. and/or any other reliefs claimed in its prayer

clause at paragraph 50 of the Plaint.

2021:DHC:888

CS (COMM) 619/2019

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ii.

The Defendant unconditionally undertake to withdraw

its counterclaim against the Plaintiff seeking permanent

injunction restraining infringement of copyright, passing off,

unfair competition, rendition of accounts/damages, delivery

up, etc. and/or any other reliefs claimed in its prayer clause at

paragraphs l6 & l7 of the Counter-Claim.”

3.

Learned Counsel for the parties are present. The application

has been jointly filed by both parties as well as their learned Counsel.

4.

Accordingly, nothing survives for adjudication in the present

matter. The suit is decreed in terms of the settlement arrived at

between the parties, the terms whereof already stand reproduced

hereinabove. The parties shall be bound by the terms of settlement.

5.

Let the Registry draw up a decree sheet accordingly.

6.

The plaintiff shall be entitled to refund of 50% of the court fee

deposited by it.

7.

The next date of 16^th

C.HARI SHANKAR, J

MARCH 8, 2021/kr

April, 2021 shall stand cancelled.

2021:DHC:888