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2026 DAILYLAW 11682 (DEL)

FDC LIMITED v. NEERAJ AGARWAL AND ANR

CS(COMM)/221/2026 · 2026-07-10

Jyoti Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 221/2026 $~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 221/2026 FDC LIMITED .....Plaintiff Through: Mr. Prithvi Singh, Mr. Prithvi Gulati and Mr. Krtin Bhasin, Advocates. versus NEERAJ AGARWAL AND ANR .....Defendants Through: Mr. Deepak Rikhari, Advocate for D-1. Mr. Vishal Nagar, Advocate for D-2. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 10.07.2026 I.A. 16169/2026 1. This application is filed jointly on behalf of the Plaintiff and Defendant No. 1 under Order XXIII Rule 3 read with Section 151 CPC for recording of settlement between parties. 2. This suit is instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendants and all others acting on their behalf from manufacturing, marketing, offering for sale, selling, advertising, directly or indirectly dealing in any products bearing the impugned trade dress/packaging for their products ELECTROCAD and/or any trade dress/packaging confusingly or deceptively similar to the Plaintiff’s ELECTRAL trade dress/packaging amounting to infringement of copyright and passing off. 3. During the pendency of the suit, Plaintiff and Defendant No. 1 have 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 14/07/2026 at 11:20:08 CS(COMM) 221/2026 amicably resolved their inter se disputes and terms of settlement are incorporated in paragraph 4 of the application. 4. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is allowed and disposed of, recording the settlement between the parties. I.A. 17635/2026 5. This application is filed jointly on behalf of the Plaintiff and Defendant No. 2 under Order XXIII Rule 3 read with Section 151 CPC for recording of settlement between parties. 6. During the pendency of the suit, Plaintiff and Defendant No. 2 have amicably resolved their inter se disputes and the terms of settlement are incorporated in paragraph 4 of the application. 7. Court has perused the terms of settlement and finds the same to be lawful. Accordingly, this application is allowed and disposed of, recording the settlement between the parties. CS(COMM) 221/2026 & I.A. 6048/2026 8. In light of the settlement between the parties, the suit is decreed in favour of the Plaintiff and against Defendants No.1 and 2 in terms of paragraph 35(a), (b) and (c) of the plaint since Plaintiff has agreed to give up reliefs claimed in paragraph 35(e), (f) and (g). The relief in paragraph 35(d) will be complied with by Defendants No.1 and 2 in terms of paragraph 4(g) by ensuring that they do not sell the impugned goods bearing the impugned trade dress/packaging, as agreed between the parties. 9. Registry is directed to draw up the decree sheet. 10. Suit is disposed of along with the pending application. 11. Dates of 18.08.2026 before Court and 23.07.2026 before the learned 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 14/07/2026 at 11:20:08 CS(COMM) 221/2026 Joint Registrar are cancelled. 12. Plaintiff is held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. JYOTI SINGH, J JULY 10, 2026/RW 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 14/07/2026 at 11:20:08