Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 13
CS (COMM.)/331/2023
CNR No. : DLNW010040902023
ARDH SAINIK CANTEEN
VS.
ABHISHEK PRATAP
31-07-2023
Present: Sh. Sarabjeet Singh, counsel for plaintiff
Ms. Deepika Sohi, counsel for defendant.
Heard. File perused.
Summons issued to defendant not received back. Be
awaited. However, counsel for defendant appeared and file
vakalatnama on behalf of defendant. Same be taken on record.
Joint application under Order 23 Rule 3 CPC read
with S. 151 CPC for recording of settlement and disposal of suit
moved on behalf of both parties. Heard.
It is submitted that both parties have arrived at out of
court settlement and in this regard memorandum of
understanding has been executed between the parties. The copy
of same is filed today on record. Further, it is jointly submitted
that in terms of settlement, the plaintiff has received settled
amount from defendant and it is agreed between the parties that
defendant shall not use the trade mark / logo ‘Ardh Sainik
Canteen’ or any other mark which is identical and / or
confusingly or deceptively similar to registered trade mark of
plaintiff ‘Ardh Sainik Canteen’ unauthorizedly and without
executing fresh franchise agreement. Therefore it is prayed that
matter be disposed off as settled and court fees be refunded.
Cont....2/-
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Let statement of both parties be recorded separately.
Statement recorded. Perused.
In view of submissions and statements made today
and memorandum of understanding, the suit is disposed off as
settled/ withdrawn. Court fee be refunded as per rules.
Original documents, if any, be returned to parties
concerned against acknowledgment / receipt after retaining true
copy of the same on record.
File be consigned to record room.
Order dasti as prayed.
(GURDEEP SINGH)
DISTRICT JUDGE (COMMERCIAL COURT)
NORTH WEST/ROHINI/DELHI
31-07-2023
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