Astral Poly Technik Limited Vs M/S Dharti Pipe & Ors.

Delhi High Court 20 Apr 2022 Civil Suit (COMM) No. 59 Of 2021, I.A. No. 1600 Of 2021 (2022) 04 DEL CK 0178
Bench: Single Bench

Judgement Snapshot

Case Number

Civil Suit (COMM) No. 59 Of 2021, I.A. No. 1600 Of 2021

Hon'ble Bench

Prathiba M. Singh, J

Advocates

Sachin Gupta, Jasleen Kaur, Pratyush Rao, Snehal Singh, Swati Meena, Ritesh Kumar, Amitesh Pandey, Sandeep Garg

Judgement Text

Translate:

S. NO.,"PARTICULARS OF

INFRINGING PRODUCTS","QUANTITY

SEIZED

1.,¾â€​ CPVC SDR-11 pipes,100 pieces

2.,1â€​ CPVC SDR-11 pipes,21 pieces

3.,"¾â€​ CPVC union - Arstal

Brand",17 pieces

4.,¾â€​ Brass FTA sockets,5 pieces

5.,"¾â€​ Brass MTA sockets

(Arstal)",1 piece

6.,¾â€​ Plain T CPVC (Arstal),1 piece

7.,¾â€​ Tank nipple (Arstal),"6 packets (50

pieces each)

8.,1â€​ Tank nipple (Arstal),"7 packets (30

pieces each)

9.,¾â€​ x ½â€​ FTA (Arstal),"5 packets (50

pieces each)

10.,¾â€​ x ½â€​ FT (Arstal),"3 packets (25

pieces each)

11.,1â€​ T (Arstal),"7 packets (25

pieces each)

12.,1â€​ socket (Arstal),"5 packets (50

pieces each)

13.,1â€​ elbow (Arstal),"4 packets (50

pieces each)

14.,"¾â€​ x ½â€​ female elbow

(Arstal)","11 packets (50

pieces each)

15.,¾â€​ x ½â€​ MTA (Arstal),"22 packets (50

pieces each)

16.,¾â€​ union (Arstal),"4 packets (50

pieces each)

17.,1â€​ union (Arstal),"XX packets (25

pieces each)

18.,¾â€​ socket - (Arstal),"1 packet (100

pieces each)

19.,LPCPV Ball Valve (1â€​) (Arstal),89 pieces

12. Insofar as the goods seized from the premises of the Defendants are concerned, the Plaintiff and the Defendants are agreeable that the marks",,

‘ASTRAL’/‘ASTRAL’ appearing on the said goods can be effaced and the same can be put to use by the Defendants. The said,,

effacing of the marks shall be done in the presence of the Plaintiff’s representatives, who may visit the premises of Defendants, on or before 15th",,

May, 2022, in order to ensure that the mark ‘ASTRAL’/‘ARSTAL’ is removed from the Defendants’ products. The remaining",,

reliefs sought in the Plaint are not pressed by the Plaintiff.,,

13. Insofar as the declaration of the Plaintiff’s mark as a well-known mark is concerned, since the Defendants are conceding to a decree, the said",,

issue is left open to be asserted by the Plaintiff in an appropriate case.,,

14. Considering that the parties have resolved their disputes amicably and in view of the judgment in Munish Kalra v. Kiran Madan [C.S. (OS),,

2940/2014 decided on 8th April, 2019], the entire court fee is directed to be refunded to the Plaintiff.",,

15. The present suit stands decreed in terms of paragraphs 44(a) & (b) of the Plaint. All pending applications are also disposed of. No further orders,,

are called for.,,

16. Decree sheet be drawn accordingly.,,

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