RSPL LTD Vs. SHREE A M INDUSTRIES

JUDGEMENT

(1.) I.A. 13401/2015 (joint application u/O XXIII R 3 CPC) The present joint application has been filed by the parties stating inter alia that during the pendency of the suit proceedings, they have arrived at an out of court settlement.

(2.) The terms and conditions of the settlement have been set out in paras 8 to 12 of the application, whereunder the defendant has given an undertaking not to use the trademark/label, "GHARI" as well as the wrapper/packaging/trade dress of "GHARI LABEL" and the punch lines mentioned in para 8 in any manner in relation to its goods/services/trademark/packaging/trade dress etc. that may amount to infringing/passing off its trademark/label/copyright. The defendant has also given certain undertakings to the plaintiff in para 11 of the application and in lieu of the aforesaid undertakings and assurances, the plaintiff has agreed not to press the prayer for rendition of accounts. Counsels for the parties state that the suit may be decreed in terms of prayer clause 47(A)(i) to (iii) of the plaint.

(3.) The Court has pursued the present application. The same has been signed by the authorized representative of the plaintiff and the proprietor of the defendant and their respective counsels and is supported by the affidavits of the signatories to the present application.