THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 04.01.2008 + IA No. 21/2008 & CS (OS) 458/2007 INTEX TECHNOLOGIES(INDIA) LTD & ANOTHER ......Plaintiffs - versus - PERVEZ AIBANI ....Defendant Advocates who appeared in this case: For the Plaintiffs : M Pratibha M Singh with Ms Pema Yeshey For the Defendant : Mr Manmohan Singh. CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in Digest? BADAR DURREZ AHMED, J (ORAL) 1. By way of this application, the parties request this court to decree the suit in terms of the settlement arrived at between them and in terms of paragraph 38(i) of the plaint and the parties be left to bear the costs of the present application and suit. 2. The plaintiffs had instituted the suit for permanent injunction, restraining infringement of copyright, passing off IA NO. 21/2008 & CS(OS) 458/2007 Page No.1 of 3 etc. The plaintiffs are using the mark INTEX in respect of the computers and various other electric and electronic products including electronic games. The defendant is also using the mark INTEX in respect of non-electronic toys and sporting, swimming and other water related goods and air inflated toys and other similar items. The defendant is marketing these products under the mark INTEX which is registered in respect of those goods. 3. The plaintiffs and the defendant have now arrived at a settlement inasmuch as the plaintiffs shall continue to use the mark INTEX in respect of computers and electronic items including electronic games and the defendant would also be entitled to manufacture and sell non-electronic toys, sporting, swimming, water related goods and air inflated toys bearing the mark INTEX. The defendant has also given an assurance that he shall not expand his business beyond that of non- electronic toys, sporting, swimming, water related goods and air inflated toys employing the mark INTEX. The other terms of settlement are given in detail in the application itself. The application is signed by Mr Nishant Mukund on behalf of the plaintiffs and by Mr Pervez Aibani who is the defendant. It is IA NO. 21/2008 & CS(OS) 458/2007 Page No.2 of 3 also signed by the respective counsel for the parties and is also supported by affidavits of said Mr Pervez Aibani and Mr Nishant Mukund. The application is marked as Exhibit C-1. 4. I have examined the terms of the settlement arrived at between the parties and I am satisfied that the same are lawful. The settlement / compromise is taken on record. The suit is decreed in terms of the settlement and, particularly, in terms of paragraph 38(i) of the plaint. The parties are left to bear their own costs. The formal decree be drawn up. Exhibit C-1 shall form part of the decree. This application, the suit and all other pending applications stand disposed of. BADAR DURREZ AHMED (JUDGE) January, 04. 2008 M IA NO. 21/2008 & CS(OS) 458/2007 Page No.3 of 3