BABU RAM OM PRAKASH Vs. PRADHAN HERBAL COMPANY

JUDGEMENT

(1.) COUNSELS for the parties state that pursuant to the order dated 29.10.2014, wherein the parties were referred by the learned Joint Registrar to the Delhi High Court Mediation & Conciliation Centre to explore the possibility of arriving at a negotiated settlement, a Settlement Agreement dated 19.12.2014 has been placed on record.

(2.) IT is stated by the counsels for the parties that the terms and conditions of the settlement arrived at between the parties, have been set out in clauses (a) to (c) of the Settlement Agreement, whereunder the defendant has undertaken not to use the plaintiff's registered trademark "Diamond/Black Diamond" with prefix or suffix in respect of Henna Power (Mehandi) or allied goods and further, not to use any label/copyright similar to the plaintiff's label duly registered under the Copyright Act, having the mark "Diamond/Black Diamond".

(3.) THE Court has perused the Settlement Agreement dated 19.12.2014. The same has been signed by the proprietor of the plaintiff company, Shri Babu Ram Om Prakash, and the authorized representative of the defendant as also the learned Mediator. Enclosed with the Settlement Agreement is a letter of authorization dated 10.12.2014, executed by the partner of the defendant firm, authorizing its Advocate to sign the Settlement Agreement on its behalf.