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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1065/2018
C & S ELECTRIC LIMITED ..... Plaintiff
Through: Ms. Kangan Roda, Advocate with Mr.
Karan Bajaj, Advocate.

versus

ALOK KUMAR & ORS. ..... Defendants

Through: Ms. Nupur A. Goswami, Advocate.

CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA

ORDER
% 31.05.2019

I.A. 8418/2019 (application under Section 151 of the Code of Civil

Procedure, 1908)

1. By way of present application, Plaintiff seeks to place on record the

Settlement Agreement dated 20th May 2019.

2. The Settlement Agreement has already been received from the Delhi High
Court and Mediation Centre and forms part of the court record and thus no
orders are required to be passed. In view of the above, the application is
disposed of.

CS(COMM) 1065/2018
3. The parties in the suit, for permanent injunction for piracy of design,

CS(COMM) 1065/2018 Page 1 of 5

infringement of copyright, breach of confidentiality, rendition of accounts,
recovery of damages, etc, were referred to the Mediation Cell of this Court
vide order dated 29th October 2018.

4. Mediation has been successful and a Settlement Agreement dated 20th

May 2019 purported to be signed by the Plaintiff the Defendants and their
respective counsels and signed by the Mediator has been received from the
Mediation Cell of this Court. The same is marked as Exhibit C-1. The terms
of the settlement are reproduced here under:

“A. The Second, Third, Fourth, Fifth and Sixth Parties

acknowledge that the First Party has the exclusive rights over the
registered design bearing no. 278039 for the Sandwich
Bustrunking System on the basis of the Design registration
certificate issued. The Second, Third, Fourth, Fifth and Sixth
Parties further undertake not to design, manufacture, offer for
sale, sell, market, and/or use drawings, component drawings,
general arrangement drawings, mould/ die drawings, moulds/dies
(engravings), in any manner the Sandwich Bustrunking System
impugned in the Plaint (hereinafter referred to as the ‘impugned
product’) or an obvious imitation of the First Party's Registered
Design, for its Sandwich Bustrunking Systems.

B. The Second, Third, Fourth, Fifth and Sixth Parties undertake

to refrain from infringing the Copyright of the First Party in the
literary and artistic work in the drawings, component drawings,
general arrangement drawings, mould/ die drawings, moulds/dies
(engravings), brochures, technical documents, certificates and
promotional materials etc., of the impugned product or in any
manner reproducing and/or copying and/or imitating and/or
publishing and/or displaying and/or using the First Party's said
artistic and literary work or any part thereof.

CS(COMM) 1065/2018 Page 2 of 5

 C. The Parties hereby agree to request the Hon'ble Court to
appoint a Local commissioner to visit the premises i.e. Plot No.
28, Sector 5 I.I.E. Sidcul Industrial Area, Ranipur Haridwar -
249403, Uttarakhand of the Third Party alongwith one counsel of
the Plaintiff within 15 days of appointment of the Local
Commissioner. The Parties shall then identify the goods seized
by the Local Commissioner and same shall be destroyed in the
presence of all the Parties on the spot. The costs for appointment
of the Commissioner shall be shared equally by both Parties and
shall be paid on the date of execution of the commission. The
products destroyed shall be limited to mould/dies and the
moulded components, of the impugned Product as seized by the
Local Commissioner at the inception of the suit; The Parties shall
render cooperation in completion of the Commission.

D. The Parties also agree that the two hard discs/pen drives
created by the Ld. Local Commissioner at the time of execution
of commission be handed over to the Local Commissioner
appointed by this Hon'ble Court and destroyed in presence of
representatives of both the Parties.

E. The Fourth, Fifth and Sixth Parties undertake that since being
made aware of the ex-parte injunction order dated August 09,
2018, i.e. since August 16, 2018 the said parties have refrained
from Manufacturing, importing, marketing, advertising,
promoting, offering for sale, selling, exporting, importing and/or
using in any manner the impugned product for its Sandwich
Bustrunking Systems;

F. The Fourth, Fifth and Sixth Parties have made necessary

modifications/amendments to the impugned product, so as to
make the Fourth, Fifth and Sixth Party's Sandwich Bustrunking
System dissimilar to all the versions of the First Party's Sandwich
Bustrunking Systems, pleaded in the Plaint. The said
modifications /amendments are recorded in the document
attached as ANNEXURE- E and have been accepted by the First
Party. The said changes have currently been effected by the
Fourth, Fifth and Sixth Parties for their Aluminium Sandwich

CS(COMM) 1065/2018 Page 3 of 5

 Bustrunking Systems of the ratings 630A, 800A, 1000A, 1250A,
1600A, 2000A, 2500A, 3200A and 4000A and the same has been
inspected and approved by the First Party. The Photographs of
the modified/ amended Sandwich Bustrunking Systems of the
Fourth, Fifth and Sixth Party are annexed herewith as
ANNEXURE-F.

G. The Fourth, Fifth and Sixth Parties undertake that such

changes will be implemented across both Copper and Aluminium
Sandwich Bustrunking Systems of all ratings, effective
immediately. The Fourth, Fifth and Sixth Parties shall follow the
modified or amended design for their sandwich Bustrunking
system hereafter or adopt a design which is not an obvious or
fraudulent imitation of the impugned Design.

H. The Second and Third Parties agree and undertake that they
will be bound by the aforementioned undertakings even after
they have left the employment of the Fourth, Fifth and Sixth
Parties.

I. The First Party states that they shall not use in any manner the
photographs of the Product of the Third, Fourth, Fifth and Sixth
Party in its products anytime hereafter. The photographs taken
during the mediation proceedings shall be kept confidential
forever.

J. The Parties agree that they will be at liberty to disclose In their

dealings with other third parties that the present matter has been
amicably resolved with the Fourth, Fifth and Sixth Parties having
modified their Sandwich Busbar/Bustrunking product to bring a
quietus to the matter.

K. All The Parties undertake to abide by the terms and conditions

of this Settlement. In case of any violation(s) of the
aforementioned terms, the aggrieved Party shall be at liberty to
initiate all appropriate action as available in law, including and
not limited to contempt proceedings The Party succeeding in
such litigation shall be entitled to full litigation costs.

CS(COMM) 1065/2018 Page 4 of 5

 L. The parties hereby agree before this Hon'ble Court that the
present Settlement Agreement shall be binding on all their
directors, principals, proprietors, partners, of the Plaintiff and
Defendant for all times to come.

M. The Hon'ble Court may, pass appropriate orders in view of

this Settlement Agreement including refund of court fee under
section 16 of the Court Fees Act, 1870.”

5. The counsels support the Settlement Agreement and seek a decree in

terms thereof.

6. I have perused the compromise/settlement arrived at between the parties

and find the same to be lawful.

7. A decree be passed, in terms of the Settlement Agreement dated 20th May

2019, which along with the Ex. C-1 shall form part of the decree sheet.

8. Decree sheet be prepared.

9. A certificate entitling the plaintiff to refund of court fees be issued and

handed over to the counsel for the plaintiff.

10. The date of 15th July, 2019 stands cancelled.

SANJEEV NARULA, J
MAY 31, 2019
ss

CS(COMM) 1065/2018 Page 5 of 5