Mr. Saransh Saini, Adv v. MR. KULDEEP GUPTA

Through: Mr. Saransh Saini, Adv. versus MR. KULDEEP GUPTA .....Defendant Through: Ms. Nikita Seth, Adv. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE % O R D E R 23.04.2025 I.A. 10164/2025 (under Order XXIII Rule 3) 1. By virtue of the present application under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908 (CPC) filed jointly on behalf of the plaintiff and the defendant, the parties seek a consent decree based on the terms of settlement as mentioned in paragraph no. 2 of the present application, which is reproduced as under:- “a) The Defendant acknowledges the Plaintiff to be the proprietor of the DABUR RED paste label/packaging/trade dress and further acknowledges trade mark registrations as enunciated in the plaint. the validity of all b) The Defendant also acknowledges Plaintiff to be the owner of copyright of the original artistic works of DABUR RED paste label/packaging filed as DOCUMENT-A and undertakes not to challenge the same. c) The Defendant undertakes not to manufacture, sell, offer for sale, advertise in markets or online, directly or indirectly deal in toothpaste under the Devson Red label/packaging/trade dress as depicted in DOCUMENT-B or any other label/packaging/trade dress that may be This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:22:00 deceptively similar to or a colourable imitation or substantial reproduction of DABUR RED paste label/packaging/trade dress in respect of their colour combination, getup, layout, arrangement of features as may amount to infringement of trade mark and copyright of the Plaintiff and/or passing off. d) The Defendant confirms that he has changed the impugned Devson Red paste packaging as depicted in DOCUMENT-B to the present label enclosed as DOCUMENT- C. The Plaintiff has no objection to the use of the packaging as depicted in DOCUMENT-C. including e) The Defendant undertakes to destroy all the existing infringing finished goods, promotional material etc. materials pertaining to the impugned Devson Red label/packaging/trade dress within two weeks from recordal of the present compromise and shall share the photographs of the same with the Plaintiffs. label/packaging/trade dress and f) The Defendant confirms that he has not filed any trade mark and/or copyright application in respect of the impugned Devson Red label/packaging/trade mark/label/packaging/trade dress which is similar to DABUR RED further undertakes not to file any trade mark/copyright or any other application in future for any mark which is identical or deceptively similar to impugned Devson Red toothpaste label/packaging/trade dress as may be identical/ deceptively similar to/colourable imitation of/substantial reproduction of Plaintiff's DABUR RED paste label/packaging/trade dress. the Defendant g) In view of the undertaking tendered hereinabove by the Defendant, the Plaintiff does not wish to press for their claim of damages and rendition of accounts as prayed for in the plaint.”

2. The present application is duly supported by affidavits of the authorized representatives of both the plaintiff and the defendant. 3. Learned counsels of the parties confirm the terms of the settlement and identify the signatures of their respective clients and pray that the captioned suit be decreed in the above terms. 4. This Court has perused the terms of settlement as recorded inter-se the plaintiff and the defendant and finds them to be lawful. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:22:00

5. In view thereof, the present application is allowed and disposed of. CS(COMM) 579/2024 6. Learned counsel appearing for the plaintiff, in view of the settlement inter-se the plaintiff and the defendant, prays that since all the dispute(s) inter-se them have been settled, the present suit be decreed in terms of the same, as mentioned in paragraph no. 2 of the accompanying application bearing no. I.A.10164/2025 as he does not press for any other claim(s) as sought for in the plaint. 7. Accordingly, the present suit is decreed in terms of the settlement as recorded in paragraph no.2 of the application bearing no. I.A.10164/2025, as also reproduced above. 8. Needless to say, the plaintiff and the defendant shall remain bound by the terms of settlement as recorded in paragraph no.2 of the application bearing no. I.A.10164/2025, as also reproduced above. 9. Learned counsel for the plaintiff prays that since the dispute(s) inter-se the parties have been settled amicably, the Court fees paid by the plaintiff be refunded in terms of Section 16 of the Court Fees Act, 1870. 10. This Court is of the view that since the disputes inter-se the parties have been amicably settled however since the present suit was pending for a considerable time, refund of 50% of the Court fees paid by the plaintiff is deemed justifiable. 11. Let a Certificate of refund of 50% of the Court fees paid by the plaintiff be prepared by the Registry and handed over to the learned counsel for the plaintiff. 12. Registry is directed to draw up the Decree sheet accordingly. 13. Needless to mention, the terms of settlement as recorded in This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:22:00 paragraph no.2 of the application bearing no. I.A.10164/2025, as also reproduced above, shall form a part of the decree sheet. 14. Accordingly, in view of the above, the present suit along with accompanying applications, stands disposed of. 15. The date already fixed stands cancelled. APRIL 23, 2025/bh SAURABH BANERJEE, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:22:00