- (1.) This suit was instituted by the plaintiff, the Tata Oil Mills Co.Ltd., against M/s. Lokenath Chemical Works on 9th Dec. 1964, inter alia, praying for leave under CI. 12 of the Letters Patent and claiming perpetual injunction restraining the defendant by themselves or by their agents and servants from infringing the plaintiffs registered design mentioned in paras 2 and 3 of the plaint and in Annexure "A" and "B" thereto and from in any way applying the plaintiffs said registered design or any fraudulent or obvious imitation thereof to any article or goods not belonging to or manufactured by the plaintiff or publishing or exposing or causing to be published or exposed for sale any articles or goods with any design infringing the plaintiff's said registered design or any fraudulent or obvious imitation thereof; damages as claimed in para 9 of the plaint in the alternative an enquiry as to the damages and a decree for the sum found due; delivery up of all infringing bottles or containers manufactured or caused to be manufactured by the defendant in infringement of the plaintiffs said registered design and all materials, designs and publications, whereby the defendant's products are offered or published for sale in bottles or containers with the infringing design; further or other relief's and costs.
(2.) Thereafter negotiation started for settlement of this suit. Mr. B.R. Lodge, Advocate-an-Record, for the defendant forwarded without prejudice certain Terms of Settlement by his letter No. BR/ S-2170/6480 dt. 12th June,1980 to M/s. Charu Chundra Basu, Advocate-on-Record for the plaintiff. In reply to the said letter M/s. Charu Chandra Basu, Advocate-an-Record of the plaintiff, forwarded the Terms of Settlement as modified or altered to Mr. B.R. Lodge.
(3.) The defendant forwarded the following Terms of Settlement as approved by the defendant : "1) There will be a perpetual injunction restraining the defendants by themselves or by their agents and servants from infringing the plaintiffs' design registered under No. 94985 as on 8th May, 1958 under the Indian Patents and Design Act, 1911 mentioned in paras 2 and 3 of the plaint and in Annexures 'A' and 'B' thereto and from using any bottle/container which in any manner either the same or identical and/or confusingly or deceptively similar to the bottle/container the said registered design and from in any way applying the plaintiffs' registered design or any fraudulent or obvious imitation thereof to any article or goods not belonging to or manufactured by the plaintiffs or publishing or exposing or causing to be published or exposed for sale of any article or goods with any design infringing the plaintiff's said registered design or any fraudulent or obvious imitation thereof. 2) Each party will bear and pay their respective cost of the suit.";