VidhiSangh

Supreme Court of India · 04/02/2022

AJANTA LLP versus CASIO KEISANKI KABUSHIKI KAISHA D/B/A CASIO COMPUTER CO. LTD.

[2022] 16 S.C.R. 308 · 2022 INSC 151

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Ajanta sought to alter a mediated consent decree by treating its undertaking against using “FX” and “991” separately as a typographical error. Examining the application under the compromise and inherent-power provisions, the Court found that extensive negotiations and the final agreement disclosed no misunderstanding or patent mistake. It dismissed the appeal. The decision concerned the agreed restraint and did not independently determine whether “FX” was generic or registrable.

Issues

  1. Whether a consent decree could be modified for alleged mistake or misunderstanding concerning the agreed trademark restraint.
  2. Whether the application could be examined under the compromise rule and inherent powers despite its original description.

Provisions considered

Held

Result

Appeal dismissed; refusal to modify the consent decree upheld after examination under Order XXIII Rule 3 read with Section 151 CPC.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 308.