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2024 DAILYLAW 3564 (DEL)

BAIT AL TAMUR CO v. INSIYA GLOBAL & ANR.

CS(COMM)/1145/2024 · 2026-08-24

Jyoti Singh

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 1145/2024 $~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010947912024 + CS(COMM) 1145/2024 BAIT AL TAMUR CO .....Plaintiff Through: Ms. Sucheta Roy, Advocate. versus INSIYA GLOBAL & ANR. .....Defendants Through: Mr. Ankur Vyas, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 24.08.2026 I.A. 22704/2026 1. This application is filed jointly on behalf of the Plaintiff and Defendants under Order XXIII Rule 3 read with Section 151 CPC for recording of settlement between the parties. 2. This suit was instituted by the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from procuring, selling, offering for sale, advertising and/or directly or indirectly dealing in any goods and services under the impugned trademark/trade dress ‘DATE’S CROWN’/ and/or any other mark/trade dress identical or deceptively similar to Plaintiff’s trademark This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2026 at 16:20:09 CS(COMM) 1145/2024 ‘DATE CROWN’/ , amounting to infringement of trademark and/or passing off. 3. During the pendency of the suit, parties have amicably settled their inter se disputes out of Court and terms of settlement are incorporated in paragraph 2 of the application. It is inter alia agreed between the parties that Defendants shall cease all use of impugned trademark/packaging as also impugned domain name and shall not use any trademark/trade dress deceptively similar to Plaintiff’s trademark/trade dress. It is also agreed that Defendant No. 2 shall use the changed name and revised packaging as mentioned in the application without any objection from the Plaintiff and that they shall initiate appropriate proceedings before the Trade Marks Registry for withdrawal and/or abandonment of trademark application No. 5360614, in accordance with law. For ease of reference and to avoid any further conflict between the parties, the changed name of the Defendants is noted as ‘Al Qaswa Crown Dates Private Limited’ and the revised packaging is as follows:- . 4. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is allowed and disposed of, recording This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2026 at 16:20:09 CS(COMM) 1145/2024 the settlement between the parties. CS(COMM) 1145/2024 & I.A. 48717/2024 5. Suit is decreed in light of the settlement between the parties. Needless to state that the terms of settlement shall form a part of the decree and shall bind the parties thereto. 6. Registry is directed to draw up the decree sheet. 7. Suit stands disposed of along with the pending application. 8. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. 9. Date of 12.10.2026 before Court is cancelled. JYOTI SINGH, J AUGUST 24, 2026 S.Sharma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2026 at 16:20:09