CS(COMM) 431/2024 Page 1 of 3 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 431/2024 & I.A. No. 30241/2024 JAIPURIA EDUTECH FOUNDATION & ANR. .....Plaintiffs Through: Mr. Jatin Lalwani with Mr. Nikhil Purohit, Advocates with Mr. Arun Mittal, AR through VC. (M): 9425929897 Email: delhioffice@rschambers.com versus SHYAMLALBABU EDUCATIONAL TRUST .....Defendant Through: Mr. Raushan Kumar with Mr. Sunny Kumar and Mr. Gaurav Sarkar, Advocates along with Mr. Parduman Kumar, AR. (M): 8750877805 Email: advocaterks2601@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. A Settlement Agreement dated 15 O R D E R % 17.01.2025 th 2. The plaintiff no. 1 is engaged in the business of providing various services related to education and has been engaged in setting up various franchise schools under the brand umbrella of “Seth M. R. Jaipuria School” and “Jaipuria International School”. January, 2025 has been received. 3. As per the case canvassed by the plaintiffs, all the intellectual property rights, interests and title in the brand names “Seth M.R. Jaipuria School” and “Jaipuria International Schools” including their goodwill, trade 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 24/01/2025 at 15:30:53 CS(COMM) 431/2024 Page 2 of 3 mark, service mark, trade name, business name, logo, designs is exclusively owned by the plaintiff no. l. It has also secured registration of word mark “Seth M.R. Jaipuria School” vide Trademark No. 2837466 dated 04th November, 2014 and “Jaipuria International Schools” vide Trademark No. 3308286 dated 13th 4. The plaintiff no. 2 is the sister concern of the plaintiff no. 1 and is engaged in the business of providing various services related to education. It has been licensed by the plaintiff no. 1 to sub-license its Intellectual Property of “Seth M.R. Jaipuria School” to other educational institutions, subject to certain terms and conditions. In terms thereto, the plaintiff no. 2 has set up various franchise schools under the brand umbrella of “Seth M. R. Jaipuria Schools”. July, 2016. 5. A Franchise Agreement was entered into between the plaintiff no. 2 and the defendant, on 08th 6. Subsequently, disputes and differences arose between the parties, on account of which, the present suit was filed. February, 2022, whereby, the plaintiff no. 2 has granted a non-exclusive and non-transferable license to the defendant for operation of its school under the brand of “Seth M.R. Jaipuria Schools”. 7. The matter was referred to mediation vide order dated 13th November, 2024, where they have successfully negotiated a settlement and Settlement Agreement dated 15th 8. As per terms of the settlement, the parties unconditionally and irrevocably agree that the Franchise Agreement dated 08 January, 2025 has been signed. th February, 2022, has been terminated with effect from 12th January, 2023, and that the defendant does not have any right to use the Jaipuria Brand of the plaintiff no. 1, including any of its trade marks, from 28th February, 2023. 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 24/01/2025 at 15:30:53 CS(COMM) 431/2024 Page 3 of 3 9. Further, the defendant has agreed to compensate the plaintiff no. 1 and plaintiff no. 2, to the tune of ₹ 3,50,000/- (Rupees Three Lacs Fifty Thousand only) as full and final settlement towards all claims. The amount of ₹ 3,50,000/- is to be paid by the defendant in seven equal installments of ₹ 50,000/- each to the plaintiff no.2, the last installment being payable till 31st 10. Both the parties submit that the suit can be decreed in terms of the said Settlement Agreement. However, learned counsel appearing for the plaintiffs submits that since the last installment to be paid by the defendant is in July, 2025, the matter be kept for compliance, thereto. July, 2025. 11. Accordingly, considering the submissions made before this Court, the suit is decreed in favour of the plaintiffs and against the defendant in terms of the Settlement Agreement dated 15th 12. The parties are held bound by the terms of the said Settlement Agreement. January, 2025, which shall form part of the decree. 13. In view of the fact that the parties have entered into a settlement, the Registry of this Court is directed to issue a certificate of refund of full Court fees in favour of the plaintiffs. 14. The suit along with the pending application, accordingly stands disposed of. 15. List for compliance by the defendant before the Joint Registrar (Judicial), on 21st MINI PUSHKARNA, J JANUARY 17, 2025/c February, 2025. 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 24/01/2025 at 15:30:53