LOUIS VUITTON MALLETIER Vs. FAIZ BAKSHI

JUDGEMENT

(1.) This is an application under Order 23 Rule 3 which has been jointly moved by the plaintiff and the defendants. It is prayed that the undertakings given by the defendant No.1 be recorded and the compromise arrived at between the parties be made a part of the decree which may be passed in favour of the plaintiff and against the defendants in terms of the paragraph 27 (a), (b) and (c). This application is marked as Exhibit `C-1'. It is signed by Mr M S Bharath, who is the constituted attorney of the plaintiff, and it is signed by one Mr Faiz Bakshi, who is the partner in the defendant No.2 firm. Mr Faiz Bakshi is also the defendant No.1. This application is also signed by the respective counsel for the parties. The application is also supported by affidavits of Mr M S Bharath and Mr Faiz Bakshi.

(2.) I have examined the application and the settlement recorded therein as well as heard the counsel for the parties. I find that the compromise and settlement arrived at between the parties is lawful. The same is accordingly recorded. In paragraphs 8 and 9 of the application the defendants had undertaken firstly to pay a sum of Rs.101/- as nominal and token costs and damages to the plaintiff and, secondly, the defendants had undertaken to give information to the plaintiff about the source from which they obtained the infringing products. According to the learned counsel for the plaintiff the defendants have complied with both these conditions. The rest of the terms of settlement are set out in detail in the application.

(3.) The application is taken on record and a decree is passed in terms of paragraph 27 (a), (b) and (c) of the plaint. This application (Exhibit `C-1') shall form part of the decree.