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2026 DAILYLAW 18894 (DEL)

HERO INVESTCORP PRIVATE LIMITED & ANR. v. M.M. OIL TRADERS

CS(COMM)/155/2025 · 2026-09-16

Jyoti Singh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CS(COMM) 155/2025 $~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010086762025 + CS(COMM) 155/2025 & I.A. 4661/2025 HERO INVESTCORP PRIVATE LIMITED & ANR. .....Plaintiffs Through: Ms. Aastha Sharma and Mr. Armaan Bhardwaj, Advocates. versus M.M. OIL TRADERS .....Defendant Through: Dr. Gaurav Manuja and Mr. Akshay Dua, Advocates with AR of Defendant in person. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 16.09.2026 1. This suit is instituted by the Plaintiffs inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from manufacturing, stocking, selling, offering for sale, advertising and/or directly or indirectly dealing in products bearing the HERO marks of the Plaintiffs and/or any other mark deceptively similar thereto, amounting to infringement of trademarks and/or passing off. 2. During the pendency of the suit, parties have amicably settled their inter se disputes before the Delhi High Court Mediation and Conciliation Centre and executed a Settlement Agreement dated 07.08.2026, copy of which is on record. As per the settlement, Defendant has inter alia agreed not to use the impugned HERO marks and/or any mark deceptively similar 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 23/09/2026 at 10:43:41 CS(COMM) 155/2025 thereto as also to pay a sum of Rs. 2,50,000/- to the Plaintiffs in full and final settlement of all its claims arising in the present suit, in two equal instalments of which a sum of Rs. 1,25,000/- has been paid. 3. Learned counsels for the parties jointly submit that the suit be decreed in terms of the settlement between the parties read with prayer clauses (a), (b) and (c) of the plaint and apprise the Court that balance amount of Rs.1,25,000/- has been paid to the Plaintiffs today through a Demand Draft dated 03.09.2026. It is further submitted that the goods bearing the impugned marks seized by the Local Commissioner are with the Defendant on superdari and are to be destroyed and date and time be fixed for destruction in the premises of the Defendant, looking at the nature of the goods. 4. Court has perused the terms of the settlement and finds the same to be lawful. The suit is decreed in terms of the settlement between the parties and prayer clauses (a), (b) and (c) of the plaint. The goods bearing the impugned marks shall be destroyed by the Defendant in the presence of the Authorized Representative of the Plaintiffs on 16.10.2026 at 02:30 PM and destruction proceedings shall be photographed. No other relief is pressed by the Plaintiffs. 5. Registry is directed to draw up the decree sheet. 6. Suit is disposed of along with the pending application. 7. Plaintiffs are held entitled to refund of entire court fees in accordance with the Court Fees Act, 1870. JYOTI SINGH, J SEPTEMBER 16, 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 23/09/2026 at 10:43:41