AKTIEBOLAGET VOLVO & ORS. v. R.VENKATACHALAM & ANR.
EX.P./60/2025 · 2026-09-02
Jyoti Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17193 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17193 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 $~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010415752025 + EX.P. 60/2025 & EX.APPL.(OS) 972/2025, EX.APPL.(OS) 1292/2025, E.A. 1262/2026
AKTIEBOLAGET VOLVO & ORS.
.....Decree Holders Through: Mr. Pravin Anand, Ms. Vaishali Mittal, Mr. Siddhant Chamola and Mr. Jitesh P. Gupta, Advocates.
versus
R.VENKATACHALAM & ANR.
.....Judgement Debtors
Through: Mr. Gaurav Singh, Advocate. 3
# CNR No. DLHC010397252018 + CS(COMM) 346/2018 &I.As. 22672/2025, 22715/2025, 22716/2025
AKTIEBOLAGET VOLVO & ORS.
.....Plaintiffs Through: Mr. Pravin Anand, Ms. Vaishali Mittal, Mr. Siddhant Chamola and Mr. Jitesh P. Gupta, Advocates.
versus
R. VENKATACHALAM AND ANR.
.....Defendants
Through: Mr. Gaurav Singh, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R %
02.09.2026 EX.APPL.(OS) 1262/2026
1. This application is filed on behalf of the Decree Holders under Section 151 CPC to take on record Memorandum of Understanding (MoU) dated 27.07.2026 and dispose of the execution petition in terms of said MoU as also to grant permission to the counsels for Decree Holders to withdraw a 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 05/09/2026 at 11:16:17 p. 2 sum of Rs. 32,00,000/- deposited in this Court for remitting the same to the Decree Holders and a direction to Judgment Debtors to pay a sum of Rs. 18,00,000/- to the Decree Holders within four months.
2. Issue notice.
3. Mr. Gaurav Singh, learned counsel accepts notice on behalf of the
Judgment Debtors. 4. It is stated in the application that present execution petition was filed for execution of judgment and decree dated 20.01.2025 in CS (COMM) 346/2018, wherein decree of permanent injunction was passed in favour of the Decree Holders restraining the Judgment Debtors and all other acting on their behalf from using the trademark ‘PENTA’. By order dated 07.05.2025, learned Joint Registrar, acting as Taxation Officer computed costs to the tune of Rs. 63,45,827/- in favour of the Decree Holders. The Judgment Debtors have deposited a sum of Rs. 32,00,000/- by way of Demand Draft in this Court and vide order dated 21.11.2025, a direction was passed to release a sum of Rs. 10,00,000/- to the Decree Holders and the remaining amount was to be invested in a Fixed Deposit Receipt. 5. It is further stated that the parties have amicably resolved their disputes, in order to put a quietus to the litigation and accordingly, executed MoU dated 27.07.2026, wherein it is agreed that pending applications being I.As. 22762/2025, 22715/2025 and 22716/2025 and any pending claims pertaining to costs computed in the suit shall be withdrawn by the Judgment Debtors/Defendants. Judgment Debtors have also agreed to pay Rs. 50,00,000/- to the Decree Holders in the manner detailed in paragraph 6 of the application. 6. In light of the aforesaid development, learned counsels for the parties 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 05/09/2026 at 11:16:17 p. 3 jointly submit that the EX.P. be disposed of in terms of the MoU and pending applications in the suit be treated as withdrawn. Mr. Pravin Anand submits that although there was a direction to release a sum of Rs. 10,00,000/- in favour of the Decree Holders, however, the amount has not been withdrawn till date. 7. Having heard learned counsels for the parties, this application is allowed recording the settlement between the parties and taking the MoU dated 27.07.2026 on record. EX.P. 60/2025
8. In light of the order passed in E.A. 1262/2026 and settlement between the parties recorded in MoU dated 27.07.2026, this petition is disposed of. All pending applications in the suit shall be treated as withdrawn. 9. Registry is directed to release the sum of Rs.
32,00,000/- lying deposited in this Court to the counsels for the Decree Holders for onward remittance to the Decree Holders along with up-to-date interest accrued on part of the amount, which was invested in the FDR. For this purpose, list the matter before the Joint Registrar on 21.09.2026, on which date he shall ensure release of the money subject to verification and/or any other required formalities. As agreed, Judgment Debtors shall pay a sum of Rs. 18,00,000/- to the Decree Holders within four months from today and file an affidavit to this extent within two weeks thereafter, with advance copy to counsel for the Plaintiffs. I.A. 22716/2025 (u/S 151 CPC) in CS(COMM) 346/2018
10. This application is filed on behalf of the Defendants under Section 151 CPC for condonation of delay of 91 days in filing application for review of order dated 07.05.2025, passed by the Taxing Officer. 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 05/09/2026 at 11:16:17 p. 4 11. For the reasons stated in the application, the same is allowed condoning the delay of 91 days in filing the aforesaid application and
disposed of.
I.As. 22762/2025, 22715/2025 in CS(COMM) 346/2018
12. As per the agreement between the parties, these applications are
disposed of as withdrawn.
JYOTI SINGH, J SEPTEMBER 2, 2026/VP
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 05/09/2026 at 11:16:17