Wockhardt vs. Sameer Sons

08.04.2002.

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Present: N

Mr. Gurmeet Singh for the plaintiff with Mr. Rajesh Khanna, Constituted Attorney of the plaintiff. Mr. Alok Gupta for the defendants with Mr. Sameer Nayyar, Proprietor of defendant No.1 and Mr. Ashok Kumar Gupta, Director of defendant No.2 in person.

S. NO. 657/2002 & I.AS. 2971 & 3447/2002.

The present suit was filed by plaintiff the against the defendants seeking for decree a of permanent injunction restraining infringement of the trademark and copyright of plaintiff and against passing off, rendition of the accounts, delivery of goods and costs.

During the pendency of the parties have arrived at an amicable settlement out suit. the of Court pursuant to which a joint application under Order XXIII Rule 3 CPC is filed in this Court. said application is signed by all the parties The the averments made therein are also supported by and affidavits sworn by the parties. In the application, it is stated that the defendants said acknowledged the plaintiff to be have the registered proprietor of the trademark "BIZOLIN" undertake not to manufacture, and also offer for directly or indirectly sale. deal in pharmaceutical/ veterinary preparations under the impugned trademark "BIOZOL" or any other trademark which is identical to or deceptively similar to the plaintiff's registered trademark "BIZOLIN".

Signature Not Verified Digitally Signed By:AMULYA I have heard the learned counsel appearing, for the parties as also the constituted attorney and the Proprietor of defendant No.1 and Director of defendant No.2, who appear in person and also perused the averments made in the application and the terms and conditions of settlement and find the same to be legal and valid. The application under Order XXIII Rule 3 CPC is marked `Exb.C-1'.

Accordingly in terms of the settlement arrived at and in terms of the statement made in the joint application, a decree is passed in favour of the plaintiff and against the defendants in terms of paragraph 28(1),(ii) and (iii) of the plaint. Since the plaintiff foregoes the other reliefs claimed in the suit, the said claims stand disposed of as not pressed. The application marked 'Exb.C-1' shall form part of the decree. Parties shall bear their own costs. Decree sheet be drawn up accordingly.

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(DR. MUKUNDAKAM SHARMA)

APRIL 08, 2002. VK.

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