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2025 DAILYLAW 6014 (DEL)

HERO INVESTCORP PVT LTD AND ANR v. ASHOK KUMAR (JOHN DOE)

CS(COMM)/1071/2025 · 2026-08-13

Jyoti Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 1071/2025 $~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010764202025 + CS(COMM) 1071/2025 & I.A. 24914/2025 HERO INVESTCORP PVT LTD AND ANR .....Plaintiffs Through: Mr. Kunal Khanna, Ms. Priyanshi Gupta and Mr. Kaulik Mitra, Advocates. versus MAHENDRA AUTO PARTS THROUGH ITS PROPRIETOR MAHENDRA KUMAR KASHYAP .....Defendant Through: Mr. S.K. Verma and Mr Deokant Tripathi, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 13.08.2026 1. This suit was instituted on behalf of the Plaintiffs inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from manufacturing, trading, supplying, selling and marketing, in any manner whatsoever, goods bearing Plaintiff No. 1’s registered HERO trademarks, including device marks and/or any other mark/logo/label, which are identical and/or deceptively similar to Plaintiff No. 1’s HERO trademarks, amounting to infringement and/or passing off. 2. During the pendency of the suit, parties were referred to the Delhi High Court Mediation and Conciliation Centre, where they have amicably settled their inter se disputes and entered into a Settlement Agreement dated 09.04.2026, incorporating the terms of settlement, copy of which has been 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 17/08/2026 at 11:27:04 CS(COMM) 1071/2025 placed on record. As per the terms of settlement, Defendant has acknowledged the proprietary rights of Plaintiffs in the HERO marks and has agreed not to use any marks in future, which are deceptively similar to Plaintiffs’ registered HERO trademarks, amongst other terms. In order to put a quietus to the entire litigation, Defendant has agreed to pay a sum of Rs. 1,00,000/- to the Plaintiffs in full and final settlement towards costs, expenses, compensation etc. 3. Learned counsels for the parties jointly submit that amount of Rs. 1,00,000/- payable by the Defendant to the Plaintiffs in full and final settlement of Plaintiffs’ claims towards costs, expenses, compensation etc., stands paid by way of Demand Draft dated 20.03.2026. 4. Court has perused the terms of the settlement and finds the same to be lawful. Accordingly, the suit is decreed in terms of the settlement between the parties and terms thereof shall bind the parties thereto. 5. As further agreed between the parties, the stocks seized by the Local Commissioner appointed by this Court on 08.10.2025, which are lying on superdari with the Defendant, shall be released to the Plaintiffs within four weeks from today under acknowledgement. 6. Registry is directed to draw up the decree sheet. 7. Suit stands disposed of along with the pending application. 8. Plaintiffs are held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870 and the same shall be refunded in favour of Plaintiff No. 2. JYOTI SINGH, J AUGUST 13, 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 17/08/2026 at 11:27:04