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Judgment
R.S. Sodhi, J.—This appeal is directed against the order dated 2.6.2004 of the Additional District Judge, Delhi in Suit No. 290/2003 whereby the learned Judge rejected the application of the appellant for interim injunction restraining infringement of copyright, passing off, rendition of accounts etc.
Parties hereto agree that the order under challenge be set aside on terms of settlement and FAO 220/2004 be disposed of accordingly.
It is agreed between parties that the respondent shall use the label marked-A, filed in the Court but will add the picture of another child to make it appear as three children. The inner pouch and the outer pouch shall be the same. The existing pouches lying in the premises of the respondent will be destroyed in the premises of the respondent in the presence of the appellant on 6th August, 2004. The respondents shall not use the impugned packing from today. The equipment meant for printing the impugned pouches shall be destroyed in the premises of the respondent on 10th August, 2004 in the presence of the Appellant and the trade mark shall be changed from ''Swadmola'' to ''Sweetmola'' as shown in Annexure A. With this Suit No. 290/2003 pending in the Court of the Additional District Judge is set aside.
FAO 220/2004, is disposed of in terms of the above agreement between parties. CM. APPL. 8643/2004 also stands disposed of Parties to bear their own costs.