M/S GUFIC BIOSCIENCES LIMITED vs M/S SAARVASRI HERBS PRIVATE LIMITED AND ORS

$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 559/2023
M/S GUFIC BIOSCIENCES LIMITED ….. Plaintiff
Through: Mr. Dushyant K. Mahant, Mr. Abhishek Chandra Mishra, Ms. Sarita Mehta and Mr. Siddhant Sharma, Advs.

versus

M/S SAARVASRI HERBS
PRIVATE LIMITED AND ORS ….. Defendants
Through: Mr. Abhimanyu Bhandari, Ms. Roohe Hina Dua, Mr. Harshit Khanduja and Mr. Sahib Kochhar, Advs. for D- 4.
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 06.11.2023

I.A. 20914/2023 (Order XXIII Rule 3 of the CPC)

1. By this joint application, the plaintiff and Defendant 1 pray that the suit may be decreed as the disputes between them stand settled. The terms of settlement read thus:

“a. The Defendant No. l acknowledges the exclusive proprietary rights of the Plaintiff in the mark “SALLAKI” and its various formatives;

b. The Defendant No. 1 shall immediately and permanently discontinue manufacture/stocking/sale/use of any goods bearing similar mark/packaging/get-up as that of the Plaintiff’s and use, if any, of the trademark “SALLAKI”, its logo/device and or any other mark/name that is identical or deceptively similar to the Plaintiff’s trademark, and

c. The Defendant No. 1 undertakes that the Defendant shall neither by itself nor through its principal officers, family members, servants, agents, dealers, distributors, retailers, importers, exporters, etc., manufacture, sell, offer for sale, advertise, assist, market or deal in any goods bearing similar mark as that of the Plaintiff or bearing the mark /label /logo /writing style which is identical or deceptively similar to the Plaintiff’s mark /label /logo /writing style “SALLAKI” and shall also not assist anyone in doing so.

d. The Defendant No. l undertakes not to apply for registration of any mark/logo/label/packaging, which is identical or deceptively similar to the Plaintiffs trade mark /label /logo /writing style “SALLAKI” and/or its logo/device and for packaging/ get-up similar to that of the Plaintiff’s packaging/get-up and also undertakes to withdraw any such application, if so, filed by the Defendant No. l;

e. The Defendant No. l undertakes to furnish statement of account demonstrating the sale of product within l5 (Fifteen) days and thereafter, exhaust its stocks within next 45 (Forty-Five) days of the date of the orders of the Hon’ble Court accepting and approving the compromise and settlement between the Parties to the above Suit.

f. The Plaintiff agrees to give up the claim against the Defendant No. l as made in the present Suit. However, if the Defendant No. l either by itself or through its principal officers, family members, servants, agents, dealers, distributors, retailers and anyone acting for and, on its behalf, is found is breach of the above settlement terms, the Plaintiff shall be entitled to recover from the Defendant No. 1 liquidated damages in addition to taking fresh actions available under law against the Defendant No. 1;

g. The Plaintiff agrees to delete the Defendant No.1 from the array of parties in the present Suit.”

2. This matter was last listed 3 November 2023 on which date Defendant 1, who was an elderly gentleman, was present in person. He vouchsafed the fact that the dispute between the plaintiff and Defendant 1 had indeed been settled in accordance with the afore-noted terms of settlement.

3. As such, the dispute does not survive for consideration between the plaintiff and Defendant 1.

4. The suit shall stand decreed qua Defendant 1 in terms of the afore-noted terms of settlement, by which the parties shall remain bound.

5. Let a decree-sheet be drawn up by the Registry accordingly.

I.A. 15313/2023 (Order XXXIX Rules 1 and 2 of the CPC)

6. This is an application by which the plaintiff seeks interlocutory injunctive reliefs. Pleadings in this application are complete.

7. The application survives for consideration only qua Defendant 4.

8. Accordingly, list this application for hearing and disposal on 20 November 2023.

I.A. 20223/2023 (Order XI Rule 1(4) of the CPC)

9. This is an application by the plaintiff under Order XI Rule 1(4) of the CPC as amended by the Commercial Courts Act, 2015.

10. Mr. Bhandari does not oppose the application.

11. The application is allowed.

I.A. 20915/2023(Order I Rule 10 of the CPC)

12. This is an application by which the plaintiff seeks to delete Defendants 2 and 3 from the array of parties. The said defendants already stand deleted from the array of parties vide order dated 19 October 2023.

13. The application, therefore, does not survive for consideration and is accordingly disposed of.

I.A. 20918/2023 (Order XXXIX Rules 1 and 2 of the CPC)

14. Mr. Dushyant Mahant submits that the averments contained in this application have already been made in IA 15313/2023 in which pleadings are complete. He does not press this application.

15. This application is disposed of as not pressed.

C.HARI SHANKAR, J
NOVEMBER 6, 2023
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CS(COMM) 559/2023 Page 4 of 4