GSM (OPERATIONS) PTY LTD Vs. JAI KUMAR SETHIA

JUDGEMENT

(1.) I .A. 3433/2015 (joint application under Order XXIII R 3 CPC) The present compromise application has been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an out of court settlement.

(2.) THE details of the terms and conditions of the settlement have been set out in para 8 of the application, whereunder the defendants have acknowledged the plaintiff to be the registered proprietor of the trademark, "BILLABONG" and have further undertaken to stop the supply, sale and advertisement of the goods with the mark "BILLABANGS" on its official website, www gilwoodfashions com. The remaining terms and conditions of the settlement have also been set out in the present application.

(3.) THE defendants have agreed to pay a sum of Rs. 2 lacs to the plaintiff through counsel as damages in full and final settlement of all the claims of the plaintiff against them in the present suit. A cheque bearing No.001101 dated 28.01.2015 for a sum of Rs. 2 lacs, drawn on HDFC Bank, J.P. Nagar, II Phase, Bangalore has been handed over by the counsel for the defendants and is duly accepted by the counsel for the plaintiff.