Wipro Limited vs Renatte Switchgears & Ors
2015 Latest Caselaw 2763 Del

15
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3138/2012 & CC No.                (to be numbered) and
      IA No.19388/2012
      WIPRO LIMITED                                         ..... Plaintiff
                        Through : Mr. Manu Beri, Advocate

                        versus

      RENATTE SWITCHGEARS & ORS                ..... Defendants
                    Through : Ms. Aamna Hasan, Advocate
                    for D-1 & 3.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 07.04.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation & Conciliation Centre, a Settlement Report dated 10.3.2015

has been placed on record. It has been stated in the Settlement

Report that the parties have settled their inter se disputes by virtue of

a document entitled, "Settlement Terms", dated 10.3.2015, that has

been enclosed with the Settlement Report and marked as Annexure-A.

2. As per the terms and conditions recorded in the Settlement

Terms dated 10.3.2015, it has been agreed by the parties that the

defendants No.1 & 3 will continue to sell the products being

manufactured by them and the defendant No.2 has unequivocally

acknowledged the plaintiff's proprietary rights in the registered

design, as detailed in para 3 of the Settlement Terms. Subject to the

aforesaid terms, the plaintiff has agreed not to press for the relief of

damages or rendition of accounts against the defendants and the

defendants No.1 & 3 have also agreed not to press for damages

against the plaintiff as raised in the counter claim.

3. Counsels for both the parties state that the suit and the counter

claim may be decreed in view of the settlement arrived at between the

parties.

4. The Court has pursued the Settlement Report and the

Settlement Terms enclosed therewith and marked as Annexure-A. The

same has been signed by the authorized representatives of the

plaintiff and the defendants. Enclosed with the Settlement Report

dated 10.3.2015 is an extract of the Board of Directors' Resolution

dated 30.11.2014 of the defendant No.2 company.

5. As counsels for the plaintiff and the defendants jointly state that

their clients have arrived at the aforesaid settlement of their own free

will and volition and without any undue influence or coercion from any

quarters, there appears no legal impediment in accepting the

settlement. The Settlement Terms is taken on record. The parties

shall remain bound by the terms and conditions of the settlement

recorded in the application.

6. The suit and the counter claims are decreed in terms of the

settlement arrived at and recorded in the Settlement Report and the

Settlement Terms marked as "Annexure-A", both dated 10.3.2015,

while leaving the parties to bear their own costs.

7. At this stage, learned counsels for the plaintiff and the

defendants No.1 & 3 state that in view of the fact that the parties have

arrived at a settlement through the court annexed mediation, they are

entitled to claim refund of the court fees in terms of Section 16 of the

Court Fees Act.

8. In view of the aforesaid submission made by the counsels for the

parties, the Registry is directed to issue a certificate in favour of the

plaintiff and the defendants No.1 & 3, for refund of the court fees, as

per law.

9. The suit is disposed of, along with the pending application.

10. File be consigned to the record room.

HIMA KOHLI, J

APRIL 07, 2015 sk