IN THE COURT OF THE HIGH COURT OF CALCUTTA

INTERIM APPLICATION NO------OF 2023

IN
SUIT NO----OF 2023

Sui Dhaga Sole proprietorship represented by ------,

Building Dr.no 44-102\1-1,
Buckingham street,
New Delhi, ……….. Plaintiff

Needles and Threads sole proprietorship represented by-----,

Dr no 1-2-33\1-1,
Akash Nagar,
New Delhi.

APPLICATION U/S.151 Rw XXXlX RULE 1 AND 2

MOST RESPECTFULLY SHOWETH: -
I. The plaint a sole proprietorship named “Sui Dhaga” was established in
1998 .and proprietor of the sui dhaga is ------------. sui dhaga is a
registered trademark of the proprietor and it deals with creating
embroidery designs in clothing and has its registered office at Kolkata in
west Bengal. For a decade sui dhaga has become very famous for its
embroidery designs and earned reputation and name fir its work
throughout India. Sui dhaga uses it trademark more than 2 decades
which makes sui dhaga gain its trust and loyalty from its customers.
II. Because the plaint is already made so in order to avoid any sort of
reiteration or reputation, we are providing things which are at issue
III. Another sole proprietorship named ‘Needles and Threads’ was established
in 2011 with its primary business similar to that of ‘Sui Dhaga’, i.e.
creating embroidery designs on clothing. Needles and Threads have their
registered office in Delhi.
IV. In the year 2022, Sui Dhaga noticed that some of the unique designs
prepared by them were also being copied by Needles and Threads,
thereby infringing their copyright. It also resulted in a drastic fall in sales
along with Needles and Threads earning a name for itself with the copied
prints.
V. Needles and threads the name itself the translation of sui dhaga. As sui
dhaga has more than 2 decades of reputation by this infringement by
Needles and Threads which was causing losses for our sale cause there
are selling at very low prices and also effecting our brand as they are
making the cloths with at very cheap quality.
VI. The defendant Needles and Threads who infringed sui dhaga trademark
not only with name with will confuse the people but also with the
embroidery designs. The embroidery designs which were used by sui
dhaga was art of weaving and stitching These artisans are gifted with the
talent and traditional skills to craft exquisite designs in styles that are
unique to their culture and heritage. The geographical Indications protect
art, crafts, products and creations belonging to a specific geographical
area, which is culturally recognised as coming from that area
Kancheepuram silk of Tamil Nadu Chanderi fabric of Madhya Pradesh,
Pochampally of Telangana. Sui Dhaga which was located at west Bengal
use its traditional skills of their culture and heritage was infringed by a
Needles and Threads business which was located in Delhi how do know
the West Bengal tradition.

PRAYER

it is most respectfully prayed that in the interest of justice, the plaintiff is

entitled for following relief.

a). Restrain Needles and Threads from infringing the copyright in the
artistic work of Sui Dhaga.

b). Further, from selling, distributing or otherwise making available to the

public its products,

c). Further seeking permanent mandatory injunction directing the

defendants to destroy all the products with copied designs with
immediate effect.
That an affidavit in support hereof is filed herewith.
PLAINTIFF:
Place:                                                                                
Date:
Advocate for plantiff:

AFFIDAVIT

I Sui Dhaga Sole proprietorship represented by ------, Building Dr.no 44-

102\1-1, Buckingham street, New Delhi do there by verify that the contents
of the para 1 to 6 are true to my personal knowledge and that I have not
supressed any material facts.
Date: 14-4-2023
Place: West Bengal

Signature of the petitioner

Verification
Verified at ----on this day of February 14, 2023, that the contents of
applications are true and correct to the best of my knowledge and nothing
concealed here

Plaintiff
 SETTLEMENT AGREEMENT

This settlement of agreement executed on dt------- at------between Sui Dhaga

(here in after called as 1stparty) registered office at Kolkata in West Bengal and Needles and
Threads (here in after called as 2ndparty) have their registered office in Delhi.
Recitals part
WHEREAS 1st party carries on the business of the emboridary and cloths under a register
trademark and copy right under sui dhaga and the 2ndparty carries similar in the name of
Needles and Threads. The party 1 has filed for permanent injunction. The fact of the case
goes as follows:
1) AND WHEREAS The plaint a sole proprietorship named “Sui Dhaga”
was established in 1998 .and proprietor of the sui dhaga is ------------.
sui dhaga is a registered trademark of the proprietor and it deals with
creating embroidery designs in clothing and has its registered office at
Kolkata in west Bengal. For a decade sui dhaga has become very
famous for its embroidery designs and earned reputation and name fir
its work throughout India. Sui dhaga uses it trademark more than 2
decades which makes sui dhaga gain its trust and loyalty from its
customers.
2) AND WHEREAS because the plaint is already made so in order to avoid
any sort of reiteration or reputation, we are providing things which are
at issue

3) AND WHEREAS another sole proprietorship named ‘Needles and

Threads’ was established in 2011 with its primary business similar to
that of ‘Sui Dhaga’, i.e., creating embroidery designs on clothing.
Needles and Threads have their registered office in Delhi.

4) AND WHEREAS in the year 2022, Sui Dhaga noticed that some of the
unique designs
prepared by them were also being copied by Needles and Threads,
thereby infringing their copyright. It also resulted in a drastic fall in
sales along with Needles and Threads earning a name for itself with
the copied prints.

5) AND WHEREAS noticing the same, a legal notice was immediately sent to Needles
and Threads asking them to stop the production/manufacture/sale of its products
resembling that of Sui Dhaga. However, Needles and Threads denied all the
 averments made in the notice and continued the production/manufacture/sale of those
product.
During the pendency of suit to avoid the further litigation the intended into settlement
agreement
NOW THEREFORE, in consideration of the promise and mutual promise contained herein,
the parties agreed as follows:
1) That the parties hereby settle all their claims and disputes arising out of said
infringement
2) 2stparty agrees to withdraw the proceedings against 2stparty;

3) 2stparty acknowledges the copyright ownership of 1stparty;

4) 2stparty undertakes to restrain itself from infringing the copyright

in the artistic work of 1stparty in future;

5) 2stparty has agreed to pay damages (to be computed and

annexed to the Settlement Agreement) to 1stparty for the loss caused from
the past infringement.
6) No further proceedings are to be initiated by 1stparty against 2stparty.

7) If certain part of agreement become nonoperative at later stage the agreement will be
severable (if any party breaches the agreement the said agreement may come to an
end).

MUTUAL RELEASE OF ALL CLAMIES

IN THE WITNESS OF WHEREOF, the parties herein have executed this settlement
agreement on the date written above.

1stparty Signature

2stparty Signature

Witness 1
Witness 2