CS(COMM)/176/2018 of HADLEY INDUSTRIES OVERSEAS HOLDINGS LTD & ANR Vs ASHFAQUE KHAN & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+CS(COMM) 176/2018

HADLEY INDUSTRIES OVERSEAS HOLDINGS LTD & ANR

..... Plaintiffs

Through:Ms. Vaishali Mittal and Ms. VrindaGambhir, Advocates.Gambhir, Advocates.

versus

ASHFAQUE KHAN & ANR

..... Defendants

Through:Mr. Ankit Arvind and Mr. ManishMishra, Advocates.Mishra, Advocates.

CORAM:HON'BLE MR. JUSTICE SANJEEV NARULAO R R%08.08.2019

I.A. 10825/2019 (under Order 23 Rule 3)

1. This is joint application on behalf of the parties seeking decree on thebasis of an amicable settlement between the parties.

2. The present suit is for permanent injunction restraining infringement oftheir Indian Patent No. 198658 (hereinafter referred to as ("IN '658"),infringement of copyright of their brochure and packaging for GYPSTEELULTRA, passing off, damages, etc. The Defendants have filed their WrittenStatementandaCounterClaimNo.85/2013questioningthepatentability/validity of Indian patent No. 198658. It is stated that partieshave now amicably resolved their disputes as per the terms and conditionscontained in para 2 of the application, which reads as under:

“A. The Defendants undertake that they have never conducted inthe past till the expiry of the suit patent any activity amounting tothe use of the Plaintiffs valid Indian Patent No. 198658 asdefined under the provisions of the Indian Patents Act, 1970. TheDefendantsherebyacknowledgethattheproductsbeingcorrugatedmetalsheetsmanufacturedbytheDefendantsconform with and are prepared in accordance with the claims ofthe GB Patent bearing application No. 2272662A. Accordingly,without prejudice to their rights, interests and contentions, thePlaintiffs undertake to give up their relief for grant ofinfringement of patent, as prayed for in paragraph 38 (a) .and (b)of the plaint;

B. The Defendants hereby agree and undertake that subject to theabovementioned terms, the Defendants shall withdraw thecounter claim filed by them in the present proceedings, beingC.C. No. 85 of 2013;

C. The Defendants hereby acknowledge that the Plaintiffs are theholder of copyright, as claimed in the present proceedings, inliterary and artistic work (drawings) contained in the PlaintiffsbrochureandpackagingforGYPSTEELULTRA.;TheDefendants hereby agree that they have ceased making use oftheir impugned brochure and packaging in relation to any of theiractivities, on all platforms on the internet and otherwise;

D. The Defendants hereby agree to use the revised brochure andpackaging as submitted by them for their product "Lucky SteelRipple" at page numbers 192 to 193 of the list of documents filedby them via Index dated March 23, 2013;

E. The Plaintiffs undertake to not have any objection against theDefendants' use of the said revised brochure (a copy of which isannexed herewith), or any other work so long as the said workdoes not amount to substantial reproduction of the artistic andliterary work which forms part of the copyright vested with thePlaintiffs;

F. The Defendants further agree and undertake that they shall not

engage in any activity which has likelihood of causingconfusion in the minds of consumers that the products or servicesof the Defendants actually emanate from the Plaintiffs instead;”

3. The application is duly supported by the affidavits of the parties andsigned by the Plaintiffs the Defendants and their respective counsels.

4. The counsels support the Settlement Agreement and seek decree interms thereof. I have perused the compromise/settlement arrived at betweenthe parties and find the same to be lawful.

5. decree is passed, in terms of the Settlement as recorded in theapplication marked as Exhibit C-1 which along with the Annexure theretoshall form part of the decree sheet.

6. Decree sheet be prepared.

CC 85/2013

7. Learned counsel for the Defendant states that in view of the abovesettlement he has instruction to withdraw the counter claim.

8. Dismissed as withdrawn.

CS(COMM) 176/2018

9. In view of the settlement the next date before the Court i.e. 30[th]September 2019 stands cancelled.

AUGUST 08, 2019/nk

SANJEEV NARULA, J