Flamagas , S A & Anr v. Shiban Ahmed Alias Shiban Anzar

O R D E R %

18.11.2024

CM APPL. 66909/2024& CONT.CAS(C) 445/2019

¶1Next date of hearing in the present contempt petition is 10.01.2025.

¶2However, present application has been moved to place on record settlement terms arrived at between the parties.

¶3In view of the contents of the aforesaid application, date is preponed and contempt petition is taken up today for disposal, with the consent of learned counsel for both the parties.

¶4The terms of settlement are recorded in MoU dated 05.07.2024.

¶5Learned counsel for petitioner also submits that in terms of the settlement, respondent nos. 1 & 2, who had allegedly infringed the trademark in question in violation of decree in question, have tendered unconditional apology. This is a digitally signed order. CONT.CAS(C) 445/2019 2

¶6Learned counsel for the petitioners states that since the matter has been amicably settled and since even the respondents have submitted their unconditional apology as is reflected in MoU, petitioners are no longer interested in pursuing with their present contempt petition. It is also submitted that in view of the aforesaid settlement, petitioners are not even pressing for any further relief in the matter.

¶7It is also informed by learned counsel for respondents that in terms of the settlement, respondents have already paid a sum of Rs. 4 lacs by way of demand draft in favour of the petitioners.

¶8In view of aforesaid settlement between the parties and the statements made today and also keeping in mind the unequivocal and specific apology tendered by the respondent nos. 1 & 2, present contempt petition stands disposed of as not pressed.

¶9The terms of the settlement shall also be read as part and parcel of the today's order.

¶10Needless to say, in case there is any further violation, petitioner would be at liberty to revive the present petition.

¶11Next fixed date of 10.01.2025 stands cancelled.

MANOJ JAIN, J NOVEMBER 18, 2024/dr This is a digitally signed order.

CONT.CAS(C) 445/2019 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 445/2019 FLAMAGAS , S A & ANR .....Petitioner Through: Mr. Afzal B. Khan, Advocate with Mr. Samik Mukherjee, Mr. Manosij Mukherjee and Mr. Sharad Besoya, Advocates versus SHIBAN AHMED ALIAS SHIBAN ANZAR .....Respondent Through: Mr. Umesh Mishra and Ms. Yashodhara Raina, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN