Sukhdev Narayanlal Gehlot and Anr v. Vimal Kumar Bhawarlal and Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 12 OF 2022 Sukhdev Narayanlal Gehlot & Ors. ... Plaintiff Versus Vimal Kumar Bhavarlal & Ors. Index ... Defendant Sr. No. EXH Particulars Page No.

¶1Index

¶2Consent Terms 2-10

¶3A Photocopy of the Power of Attorney on behalf of Plaintiff in favour of Mr.Awanish Bhardwaj . 11-13

¶4A-1 Photocopy of the Board Resolution on behalf of Plaintiff in favour of Mr.Awanish Bhardwaj . 14-15

¶5B Photocopy of Adhar Card of Mr. Vimal Kumar Bhavarlal.

¶6B-1 Photocopy of Adhar Card of Mr. Bishal Kumar Sinha. 17-18

¶7Docket IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 12 OF 2022

¶1Sukhdev Narayanlal Gehlot ) Adult, Indian Inhabitant, Occ: Business, having its address at Shop No.15, ) ) Ground Floor, R.L.A. Tower, Tank Road ) Bhandup (West), Mumbai 400 078 ) And also having its address at ) S-1 and S-2, ) Talkshshila Parisar, Near Raj endra ) Nagar Police Station, A.B. Road ) Indore, Madhya Pradesh - 452 012 ) Through his Power of Attorney Holder ) Mr.Awnish Bhardwaj )

¶2Velnik India Limited (formerly known as Velnik India Private Limited having its address at E-10, Krishi Mandi, Sojat City, Indore Dist-Pali, Rajasthan Through his Authorised Representative Mr.Awnish Bhardwaj ) 0105, Versus

¶1Vimal Kumar Bhavarlal ) Proprietor of M/s.VIMAL AGENCIES, ) having its registered office ) At-Khasra No. 245, Bera Imartiya ) Kachha Marg, Sardarpura, Sojat City, Pali ) Rajasthan - 306104 )

¶2Bishal Kumar Sinha ) Trading as Rohit Cosmeetic Products ) Having its address at: Sutahat ) P.O. Buxibazar, P.S. Dargha Bazar ) Cuttack 753001, Odisha, India ) ...Defendants CONSENT TERMS Plaintiffs and Defendants have amicably settled the dispute in the above suit and have arrived at the following terms:

¶1By consent of parties, Leave under clause XIV of the Letters Patent being Leave Petition (L) No. 17729 of 2021 be allowed.

¶2Defendants acknowledge and admit the ownership and rights of the Plaintiffs in the Plaintiffs' registered copyright bearing Registration No. A-115535/2016 and A-120453/2017 in respect of artistic work titled as "KAVERI" and further undertake not to dispute the Plaintiffs' rights in future.

¶3Defendants acknowledge and admit the ownership and rights of the Plaintiffs' in the registered trade marks comprising of the word "KAVERI" bearing application nos. 1636298, 2131599, 2131600, 3007286, 2987621, 3309526, 3395532 and 3004787 and further undertake not to dispute the Plaintiffs' rights in future.

¶4Defendants submit and acknowledge all the claims made by Plaintiffs in the Plaint and have accordingly agreed to suffer a decree on admission in terms of prayer clauses (a), (b) (c) and (d) of the Plaint. Defendants specifically submit to the following decree: a. that the Defendants by themselves, through their agents, servants, stockists, dealers and /or distributors, exporters, assignees or any other person claiming through the Defendants be 0'`6' restrained by order and decree of permanent injunction of this Hon'ble Court from infringing the Plaintiffs registered Copyright in artistic work titled as "KAVERI" and as shown in Exhibits 'E' and `E-1 ',by using the impugned artwork as shown in Exhibit `L' hereto and/or same and/or similar artwork, so as to infringe the copyright of the Plaintiff in any manner whatsoever;

(b) that the Defendants by themselves, through their agents, servants, stockists, dealers and /or distributors, exporters, assignees or any other person claiming through the Defendants or otherwise howsoever, be restrained by order and decree of permanent injunction of this Hon'ble Court from infringing the Plaintiff No.l's registered trade mark bearing registration no. 2131600 in class 3 as shown in Exhibit 'G' hereto, by using the impugned packaging as shown in Exhibit 'LA' hereto and/or deceptively similar trade mark, so as to infringe the registered trademark of the Plaintiff being Exhibit 'G' hereto, in any manner whatsoever;

(c) that the Defendants by themselves, through their agents, servants, stockists, dealers and /or distributors, exporters, assignees or any other person claiming through the Defendants or otherwise howsoever, be restrained by order and decree of permanent injunction of this Hon'ble Court from infringing the Plaintiffs registered trade marksas shown in Exhibit 'F', `G', 'H' to 11-5' hereto, by using the impugned trade mark "KADAMVERI" as shown in Exhibit 'I,' and 1-1' hereto and/or any other deceptively similar trade mark, so as to infringe the registered trademarks of the Plaintiff No.1 being Exhibit 'F', `G', 'H' to hereto, in any manner whatsoever.

(d) that the Defendants by themselves, through their agents, servants, stockists, dealers and /or distributors, exporters, assignees or any other person claiming through the Defendants or otherwise howsoever, be restrained by perpetual order and decree of pennanent injunction of this Hon'ble Court of this Hon'ble Court from manufacturing and/or trading and/or otherwise dealing in the products bearing the impugned trade mark `KADAMVERY and/or impugned q.\ &IA voio, 1-09A artwork and/or impugned packaging shown in Exhibit 'L' and `L-l'heretoand/or any other trade mark/ artworkl packaging, deceptively similar to the Plaintiffs well-known trade mark "KAVERI" and artistic work and packaging shown in Exhibit 'IC and 'Kr hereto so as to pass off or enable others to pass off the Defendant's goods as and for that of the Plaintiffs goods or in any other manner whatsoever;

¶5As regards prayer clause (f) of the Plaint pertaining to deliver up for destruction of the impugned goods, Defendants undertake that the Defendants shall destroy the impugned goods that are in possession of Ld. Court Receiver within a period of 30 days from the date of execution of consent terms in presence of Plaintiffs' representative/s.

¶6In view of the aforesaid understanding between the parties, Plaintiffs do not press for any reliefs as prayed in prayer clause (e) of the Plaint.

¶7Defendants hereby undertakes that Defendants shall file appropriate application for withdrawal of the impugned trade mark "KADAMVERI" bearing application no. 4239986 in Class 3 with the Trade Marks Registry and shall furnish proof of withdrawal of the trade mark to the Plaintiffs within a period of 7 days.

¶8Defendants admit that Defendants have understood the contents of the Consent Terms through their Advocates. Defendants further state that after understanding of each and every clause / covenant / undertaking Defendants have signed and executed this Consent Terms.

¶9Parties further agree and undertake that the present Consent Terms are binding on them, their associates, affiliates, assignees, partners and successors in interest or title as the case may be or any individual or entity acting under or in concern with it.

10.All the signatories to this Consent Terms state that they have the authority to settle this suit amicably on behalf of the parties to the suit. Their respective authorities are annexed to the Consent Terms.

¶11On behalf of Plaintiff, the Consent Terms are signed by one Mr. Awnish Bhardwaj , Constituted Attorney of the Plaintiff No.1 & 2 and on behalf of Defendants one Vimal Kumar Bhavarlal, the Proprietor of M/s.VIMAL AGENCIES alongwith Bishal Kumar Sinha the Defendant No.2 , have signed the Consent Terms. Hereto annexed and marked as Annexure "A" is a photocopy of the Power of Attorney on behalf of Plaintiff and Annexure "A-1" is a photocopy of the Board Resolution on behalf of Plaintiff in favour of Mr. Awnish Bhardwaj to sign the Consent Terms on behalf of Plaintiffs. Hereto annexed and marked as Annexure "B" is a photocopy of Adhar Card of one Vimal Kumar Bhavarlal, the Proprietor of M/s.VIMAL AGENCIES whereas hereto annexed and marked as Annexure "Bl" is a photocopy of Adhar Card of one Bishal Kumar Sinha, the Proprietor of Trading as Rohit Cosmeetic Products signing the Consent Terms. Dated this 26 day of 1419 2023 Place :- Mumbai Sulchdev Narayanlal Gehlot (Plaintiff No. 1) Through his Power of Attorney Holder. For, Velnik India Limited (formerly known as Velnik India Private Limited) Authorized Signatory Through Board Resolution Mr.Awnish Bhardwaj (Plaintiff No. 2) For, M/j .VI4AL AGENCIES Vimal Kt11iiar Bhavarlal (Proprietor) (Defendant No. 1) For, Rohit Cosmeetic Products k\s,,9k K'Pi\o-N Bishal Kumar Sinha (Proprietor) (Defendant No. 2) c)ac Shekhar Bhagat • a'Kh nchandani Advocates for the Plaintiffs Advocates for the Defendants

krOleplalve-A" :C?de. _ iisfamp. Amount • Govt Stamp Duty,-(As.): 7M1;44-P-uti Exempted Amount(Rs.). Typti.. p,,Date-8t Time O'Cp Provider or Issuer Details ISRO/DRO/lic) Details e. er -of .Persons umber of 'Persons Registration and Stamp Department Madhya Pradesh C"Ittifkate 'or Stamp .1). 1)101170107202300707i jtititi 1000 - 7-P NON-JUDICIAL 01/07/202316:36:24 ANSE114., KALA/SP011743007201700023 311:/vi p A9AD,TORICORNER•INDORE DIDORE Dee Dagils Muniolpallty 'Duty,(Rs.) 0' • IA*" AtiOriont -'(114 1 ar747 SEIM DA TE .. . . .. ..... Pe er of Att.oruey in any other ;'.O.o.5e..- One :thoulau4u eeit for eadrpersoaauthoris . ,. . • 14(:).NNTRL'.9f .!ATIORNEY

---

SUKHDEy .:GE1:11,...01:,etti D/O'N.V./Q :C/0 .$4RAY'AN LAL GEHLOT

5.16-17.: PURMUNDrROAD BUALPUR INOORE INDORE Madhya Pradcsli INDIA - WNTSH HARDWAJ•_S/0 D/0 W/O. c/o A R BHARL)W.A.J EDEN B-302 ,GODgp GARDEN CITY.. REAR GANES1-1 GENISIS JAdATPURNTC:io iAGATFUR SUB DIST. 'D4S1,c.ORI DiST.-ABIODABAD STATE Gill:4W' STAMP PRINT IN INDORX ,Madliya Pradesh INDIA L.S.:ENS. TAMP IS F.:01(,XMER OF ATTORISE, Digitally-algripci by ANSHUti. KALA r Date: 2023 .116:36:26 1ST ATTESTED JAFZI NOTARYlatlyocate) StriaT Nagar Matr. INDORE-10

14.3k-Y,MOIA eq Na t 23171114WRE/03/21-5 (2) 2022 2023 01011701072023007071 iP4fr e7,A, wst • t - V t' "`"5-547dry S t AVZ: ltr;; , X7 '14. % c 4-1"244,11;, j" -1-.4"`Arrr,4 042' 1,* m.P.) nc No. /411-231.7/ won Power of Attornev e2---- :.• • ERIAL. .N.o;.A C"-P4thi) DA .. ...... . I, SUICHDEV NARAYANLAL GEHLOT StO Shree Narayanlal Gehlot, Age: 40 years, Occupation: Business, Indian Inhabitant, having address at Shop No 15, Ground Floor, R.L.A. Tower, Tank Road, Bhandup (West), Mumbai-400078, And also having address at S-1. S-2, Takshshila Parisar, Near Rajendra Nagar Police Station, A.B. Road, lndore-452012. Madhya Pradesh, India; Do hereby appoint, nominate and constitute Mr. Awnish Bhardwaj S/O A.R. Bhardwaj, Age: 44 Adult, Occupation: Service having his Postal address 516-517, Bijalpur, Near Datt Cold Storage, Mundi Road, Indore, Madhya Pradesh, India. As my True and lawful Power of Attorney Holder (hereinafter called attorney), either or survivor to do the following acts, deeds and things on my behalf as follows: I. TO CONDUCT AND DEFEND LEGAL PROCEEDINGS: To commence, Prosecute, Enforce, Defend, Answer or Oppose all Notices, Suits Criminal Cases, Trade mark and Copyrights matters and other legal proceedings and demands touching any of the matters aforesaid or any other matters. To file sits, Criminal Complaints, Trademark & Copyrights Applications, Oppositions, Counter Statements, Written Statements, Consent terms, to lead the evidence in any Hon'ble Court in any such action or proceeding as to before Hon'ble Supreme Court of India, Hon'ble High Courts, Civil Courts, Criminal Courts, Trade Mark Registry, Copyright Registry, any Tribunals, any Legal forum, City Civil and Small Cause Courts for me and my Behalf:

¶2TO APPOINT ADVOCATES, ETC.: To appoint Solicitors, Advocates, Trademark & Copyright Agents/Attorneys, Pleaders or Counsel as may be necessary for prosecuting and defending any suit, Criminal Cases, Trademark & Copyright Matters, Appeals or any other proceedings and matters relating to me and to sign Vakalatnama, Appoint Consultants, Solicitors, Advocates, Pleaders, Trademark & Copyright Agents and Counsel on behalf of me.

¶3TO SIGN DOCUMENTS: To sign, declare and/or affirm any Plaint, Written Statement, Petition, Consent Petition, Trademark 84 Copyright Application, Notice of Opposition, ounter Statement, Affidavit, Memorandum of Appeal, any other documents or papers in my name in any proceeding or matter connected therewith. REVOCATION OR TERMINATION I. This Power of Attorney may revoke or terminate at any time by me (Executant) by giving written notice to the holder through registered post and/or by email. In future, if the holder resigns from the service of our company then such holder shall give written declaration to renounce his authority/power given under this power of attorney and shall not use any authority/power afterwards. II. The holder of this Power of Attorney may terminate and/or cancel this Power of Attorney by giving 15 days' written notice to me (Executant) through registered post and/or by email. Generally, my said Attorney shall have the power to do all such acts, deeds and things with respect to above subjects on my behalf which I could have lawfully done, if personally present. ATTESTED ED • E3 Ft NOTARY (Advocate) 23, Shyam Nagar Main, INDORE-I0

(KR) INDIA Reg.No. MP-23/27/INDORE/03/21-8 (2) 2022 1'3

¶5TO CONDUCT AND DEFEND LEGAL PROCEEDINGS: To undertake surveys, to inquire, detect and to investigate against any person and/or organization for any violations/infringement or unauthorized or unlawful use of the Trademark and Copyright "Kaveri, Venik, Eloise Babylois, Dippies, .Hoppy Poppy, Zareen, Ayurwin" and any Trademark and Copyright mark with my ownership". I do herby ratify and confirm and agree to ratify and confirm the lawful acts and deeds done by my attorney by virtue of this Power of attorney. This Power of attorney has been signed and executed by both the parties in the presence of the following witness. Place: Indore Dated: 01/07/2023 ukhdev Narayan Gehlot (Executant) 1/we accept, ardwaj Witnesses:

¶1Kartikeya Manoj Saxena S/o Manoj Kumar Saxena

¶2Jatin Jaggi Sto aveen Jaggi . hj 1 L't•:. A . i fileg• twA Afp?•014 jAitti oN\ D.6 PU4*1 • ovocKf it.t4 itiotP1/4, ( *Ko.t.i9-731271 re itArit$010. ATTESTED jut zu3 co.e. siuJA.Ri NOTARY (Advocate) 23, Shyam Nagar Malt% INDORE-10 (M.P.) INDIA Reg.No. MP-23/27/INDORE/03/21-0 (2)2022 AcsvoGAI k ' 11241001:W2017P LC058778 vetnik INDIA LIMITED TIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE BOARD OF ECTORS OF VELNIK INDIA LIMITED (FORMERLY KNOW AS VELNIK INDIA PRIVATE LIMITED) HELD WEDNESDAY 21S1 JUNE 2023 AT THE MARKETING OFFICE OF THE COMPANY SITUATED AT 516-NEAR DUTTA COLD STORAGE, BIJALPUR, MUNDI ROAD, INDORE, M.P INDIA-452012 AT 10:30 THORISATION TO EXECUTE POWER OF ATTORNEY. ESOLVED THAT Mr. Sukhdev Gehlot, Managing Director (DIN-06456150) of the Company be and is reby authorized on behalf of the Company to execute a Power of Attorney in favour of Mr. Awanish ardwaj Asst. General Manager-Legal of the Company granting full power and authorities to perform acts as mentioned in the draft Power of Attorney placed before the Board and duly initialed by the hairperson for purposes of identification. ESOLVED FURTHER THAT any work carried out by the attorney in relation to the any acts mentioned the aforesaid Power of Attorney shall be valid and binding upon the Company. RESOLVED FURTHER THAT the Power so granted to the aforesaid attorney may be revoked, for cause or without cause, by the written order of Mr. Sukhdev Gehlot, Managing Director, at any time in the future. RESOLVED FURTHER THAT Mr. Sukhdev Gehlot, Managing Director of the Company be and is hereby authorised to do all such acts deeds and things as may be necessary to give effect to the foregoing tesolutions." //Certified True Copy/I For Velnik India Limited t,. Sukhdev GehIot Managing Director DIN: 6456150 Date: 21.06.2023 plpce: Indore 01- • COSMETIC I AYURVEDA I HYGIENE Velnik India Limited (Formerly known as Velnik India Private Limited) Registered Office: E-10, Krishi Mandl. Sojat City, Sojat, District-Pali, PIN-306104, Rajasthan Plant Unit-I: Khasra Nos. 262, 269, 270. 271, 272, 273, 274, 275 & 276/1, 290, 291/1 & 291/4, Kalab Kalan Road, Dholi Magri Choraha, Kalakot, Tehsil-Raipur, District -Pali, PIN-306304, Rajasthan Plant Unit-II: Khasra No. 1996, Sojat Chak No. 2, Bera Jalra, Sojat Road Marg, Mod Bhatta, Sojat City. District-Pali, P1N-306104, Rajasthan L ` Marketing Office: 516-517, Brjalpur, Near Datt Cold Storage, Mundi Road, Indore, District-Indore, PIN-452012, Madhya Pradesh Corporate Office: S-1 & S-2, Takshashila parisar, A B Road, Near Rajendra Nagar Police Station, Indore, District-Indore, P1N-452012, Madhya Pradesh • Bangalore Office: 222. Kaveri Complex, j.13 Kauai, Survey No. 1, Rajiv Gandhi Nagar, Nandini Layout, Bengaluru Urban. PIN-560096,Karnataka aTRT:i RR Government of k - &IR-A=4 0'4 rat., ci f."1 I.) *tie identification Enrollment To Awn ish BtarOwal Fiat No. Eden B-302. Godroj Gantka Genesis, F.? JagatPlir, 8 VTC: Jagatpur, PO: Jaqtatpur, Sub Otstrict Daskrot. Diatrict. Ahrrtedab#d State: Gujarat. PIN Code. 382470. Mobile: 9926999335 11T41111 11691911 lilt tillillil 1g IMG-20230722-WA00234pg ttrAIW cn r-vmr,:111 ADVC)Crl-c I htinc.//mail nnn,I rnm/mail/t IThOtah=rmItruihIttinhnY/FMfrn7C-ItwMXafci.lmTflIRXhrimlh7mYriFt7nroioartnr=1RmAcsaripPartlri=f1 1 I /1 qt'il\ek ''JO'LA) 'SAN i Certificate of Incorporation Consequent upon conversion to Public Limited Company GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Registrar of companies, Jaipur G/6-7, Second Floor Residency Area, Jaipur, Rajasthan, India, 302001 Corporate Identity Number: U24100RJ2017PLC058778 Fresh Certificate of Incorporation Consequent upon Conversion from Private Company tq, Public Company IN THE MATTER OF VELNIK INDIA PRIVATE LIMITED I hereby certify that VELNIK INDIA PRIVATE LIMITED which was originally incorporated on Eleventh day of August Two thousand seventeen under the Companies Act, 2013 as VELNIK INDIA PRIVATE LIMITED and upon an intimation made for conversion into Public Limited Company under Section 18 of the Companies Act, 2013; and approval of Central Government signified in writing having been accorded thereto by the RoC - Jaipur vide SRN F15131949 dated 14.07.2022 the name of the said company is this day changed to VELNIK INDIA LIMITED. Given under my hand at Jaipur this Fourteenth day of July Two thousand twenty-two. DS MINISTRY OF, CORPORATE

- AFFAIRS 8 S RAJKUMAR Registrar of Companies RoC - Jaipur IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 12 OF 2022 Sukhdev Narayanlal Gehlot and Ors .... Plaintiff Versus Vimal Kumar Bhavarlal & Ors. ... Defendant •011011 CONSENT TERMS Dated this Qeday of 01/T42023 SHEKH AR BHAGAT Advocate for the Plaintiff Advocate for the Petitioner 701-702, Crystal Tower, 46/48, Maruti Lane, Fort, Mumbai — 400 001