MADHUSUDAN INDUSTRIES LTD Vs. REGENCY SANITARY WARES LTD

JUDGEMENT

(1.) Heard learned Advocate Mr. Dakshesh Mehta on behalf of the appellant and learned Advocate Ms. Puja Acharya for learned Advocate Dr. Rajesh H. Acharya on behalf of the respondent no. 1.

(2.) Learned Advocate Ms. Acharya would submit that they may be permitted to withdraw their appearance, more particularly, since they do not have any instructions and intimation sent to the respondent by Registered Post AD has returned back with the endorsement 'not known'.

(3.) Be that as it may, it would appear that the parties i.e. the appellant and the opponent have entered into settlement and whereas, a copy of the consent terms with regard to the settlement having been provided by learned Advocate Mr. Mehta on behalf of the appellant, dtd. 1/12/2009 whereby, both the parties have entered into an arrangement with regard to trademark CERA and trademark RECERA (trademark in dispute). It appears that by way of the consent terms, the parties have agreed that the respondent herein would not use the trademark RECERA or any deceptive trademark similar to the registered trademark CERA (with or without the logo). It also appears that the parties have also agreed to dispose of /withdraw all the proceedings which have been filed by either all the parties, more particularly, paragraph no. 4 of the consent terms inter alia stating about the appellant agreeing to withdraw unconditionally the present first appeal.