BIKANERVALA Vs. NEW BIKANER WALA

JUDGEMENT

(1.) This is an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure 1908 which has been jointly moved by the plaintiff and the defendant. It is prayed that the Memorandum of Compromise which is incorporated in this application itself be recorded and a decree be passed in favour of the plaintiff and against the defendant in terms of paragraph 22 (i), (ii) and (v) of the plaint making this application a part of the decree.

(2.) The suit was filed in respect of the trademark and artistic work 'BIKANERVALA'. The defendant was said to be using the name 'NEW BIKANER WALA' employing the same or similar artistic work as that employed by the plaintiff for its trademark 'BIKANERVALA'. The parties have since settled all the disputes between them and the defendant has acknowledged the proprietary right of the plaintiff to its artistic work 'BIKANERVALA' duly registered with the office of the Registrar of Copyrights under No. A-58102/2000 and to its registered trademark 'BIKANERVALA' registered under No.1258663 in class-30 dated 01.01.2004 The defendant also undertakes that the defendant shall not infringe the said artistic work / trademark and acknowledges the plaintiff to be the exclusive proprietor of the same. The other terms of the settlement are set out in detail in the application itself. The application has been signed on behalf of the plaintiff by one Mr Raj Kumar Shah who holds the power of attorney of the plaintiff firm. It is also signed by Mr Subhash Chand Aggarwal who is the proprietor of the defendant concern. The application is also signed by the respective counsel for the parties and is supported by affidavits of the said Mr Raj Kumar Shah and Mr Subhash Chand Aggarwal. The application along with affidavits annexed thereto is marked as Exhibit C-1.

(3.) I have examined the terms of settlement between the parties and I find that the same are lawful. Accordingly, the same are taken on record. A decree is passed in terms of paragraph 22 (i), (ii) and (v) of the plaint. The present application Exhibit C-1 shall form part of the decree. This suit as well as all pending applications stand disposed of. No order as to costs.