CS(COMM) 667/2025 p. 1 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 667/2025, I.A. 15787/2025 & I.A. 21461/2025 RAM ROOP SINGH TRADING AS M/S DURGA TRADING CO. .....Plaintiff Through: Ms. Shreya Gagneja, Advocate. versus GIRJESH SINGH TRADING AS M/S MURLI TRADING CO. .....Defendant Through: Mr. Shankar Sharma, Mr. Sharad Agarwal, Ms. Monika Ghai and Ms. Divyata Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 12.12.2025 I.A. 31159/2025 1. This is a joint Application filed on behalf of the Parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 for recording the Terms of Settlement. 2. The learned Counsel for the Parties submit that during the pendency of this Suit, the Parties have arrived at an amicable settlement on the following Terms of Settlement: “i. The Defendant acknowledges, affirms, and undertakes not to dispute the Plaintiff’s exclusive proprietary rights in the impugned packaging / Trade Dress / getups / artworks / labels of DEEPAK” 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 16/12/2025 at 12:39:00 CS(COMM) 667/2025 p. 2 which is annexed herewith as Document ‘A’ of this application in relation to Silver foil Leaves and undertakes not to adopt any getup / artwork / label / packaging / trade dress at any point or time. Defendant further agrees not to challenge the validity of the proprietary rights of the Plaintiff over the getups / artworks / labels / packaging / trade dress at any point of time. ii. With immediate effect Defendant agrees to discontinue to manufacture and / or sell and/or advertise any Silver Foil Leaves etc. under the getups / artworks / labels / packaging / trade dress which is annexed herewith as Document ‘A’. iii. Defendant has adopted revised getups / artworks / labels / packaging for selling its goods under the revised device / packaging ’ for Silver Foil Leaves which is annexed herewith as Document ‘C’ to which the Plaintiff has no objection whatsoever. iv. All unfinished goods including but not limited to cartons, moulds, dyes, labels, packaging materials, brochures, leaflets, pamphlets or any printed material that have been recalled from the market or in the stock bearing the impugned getups / artworks / labels / packaging / trade dress mentioned in Document ‘B’ shall be duly destroyed by Defendant in presence of the counsels / representatives of the Plaintiff within 15 days from the signing of this application without any compensation to be paid to Defendant whatsoever. This is a digitally signed order. 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 16/12/2025 at 12:39:00 CS(COMM) 667/2025 p. 3 Further, the defendant agrees to provide the defendant the batch number of the last manufactured goods under the impugned mark / packaging. v. The Defendant undertakes to remove and ensure the removal of all listings, posts, advertisements, or displays bearing the impugned getups / artworks / labels / packaging / Trade Dress mentioned in Document ‘A’ from all its social media handles, online platforms, and promotional materials under its control. The Defendant shall also inform and request the delisting / removal of such impugned material from any third-party e-commerce platforms where the Defendant has directly uploaded or caused the listing of such products. Such steps shall be undertaken within 48 hours from the time the Defendant becomes aware, either through the Plaintiff or otherwise. vi. Defendant further acknowledges the proprietary rights of the Plaintiff over the Packaging / Trade Dress/getups / artworks / labels of DEEPAK” and agrees not to challenge the validity of the same. Defendant further agrees not to adopt any mark deceptively similar to the mark Packaging / Trade Dress / getups / artworks / labels of DEEPAK” at any point in time. vii. That the Defendant undertake to withdraw the trade mark applications and reproduced herein under:  MURLI SILVER LEAVES WITH DEVICE 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 16/12/2025 at 12:39:00 CS(COMM) 667/2025 p. 4 under no. 4368146 in class 2. That the Defendants undertake and agree to provide the Plaintiff the relevant documentary proof that the necessary correspondence / communication for withdrawal of Defendant’s Trade Mark Applications that have been filed before the Ld. Registrar of Trade Marks. viii. Plaintiff agrees not to press for any cost / damages upon Defendant with respect to the suit filed by the Plaintiff against Defendant. ix. So long as the terms of settlement are not breached, the present settlement is full and final of all the disputes and differences between the parties and all claims, demands, benefits, rights of the Plaintiff against Defendant, including those relating to the claim of damages as demanded in the Plaint and no such claim etc. shall survive· with, the recording of the present settlement. That the settlement reached between the parties is not illegal, the parties have reached the settlement without any undue influence or force or coercion. x. Defendant agrees that the present suit may be decreed against Defendant in terms of paragraph 4 of this application. Defendant further agrees that it has no objection whatsoever, in case the Court Fees (as per the Rules) is refunded back to the Plaintiff. xi. The Hon’ble Court may be requested to consider refund of the Court Fee to the First Party / plaintiff in terms of Section 16 of the Court Fees Act, 1870 read with Section 89 of the Code of Civil Procedure, 1908 in C.S. (COMM.) NO. 667/2025 if permissible in law” 3. In view of the above, the Parties have requested that the Suit may be decreed in terms of the aforesaid Terms of Settlement agreed between them. 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 16/12/2025 at 12:39:00 CS(COMM) 667/2025 p. 5 4. Accordingly, the Parties are directed to comply with the Terms of Settlement as agreed between them. The Suit is decreed in terms of the Terms of Settlement agreed between the Parties. Let the Decree Sheet be drawn accordingly. 5. The Suit along with the pending Applications stands disposed of in the above terms. 6. The next date of 16.01.2026 before the learned Joint Registrar stands cancelled. TEJAS KARIA, J DECEMBER 12, 2025/sms 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 16/12/2025 at 12:39:00