Delhi High Court
M/S Harbir Agrotech & Anr vs Vishal Singh & Anr on 9 April, 2015
54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3259/2014 and IAs No.21110/2014 & 2388/2015
Decided on 09.04.2015
IN THE MATTER OF:
M/S HARBIR AGROTECH & ANR ..... Plaintiffs
Through : Mr. D.K. Yadav, Advocate.
versus
VISHAL SINGH & ANR ..... Defendants
Through : Mr. Samrat Nigam, Adv. for D-1
with D-1 in person.
Mr. Ramesh Kumar, Advocate for D-2 with
D-2 in person.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. Pursuant to the parties being referred to mediation, a Settlement
Agreement dated 20.3.2015 has been placed on record and the terms
and conditions of the settlement have been set out in para 6 thereof.
2. Counsel for the plaintiffs states that in terms of the settlement
arrived at between the parties, the defendants have undertaken not to
use the logo reflected in para 17 of the plaint and they may be
directed to withdraw the applications filed by them before the
Registrar of Trademark for registration of the said logos.
3. Counsels for the defendants assure the Court that necessary
steps shall be taken by their clients in this regard within four weeks.
4. Counsel for the plaintiffs hands over a cheque of Rs.5.50 lacs
drawn in favour of the defendant No.1, in terms of clause 6(f) of the
Settlement Agreement, which is duly accepted by the defendant No.1,
though counsel.
5. Counsels for the parties jointly state that the suit may be
decreed in terms of the settlement arrived at between the parties.
6. The Court has pursued the Settlement Agreement dated
20.3.2015. The same has been signed by the authorized
signatories/Directors of the plaintiffs and the defendant No.1 and the
proprietor of the defendant No.2 along with their respective counsels
as also by the learned Mediator.
7. As counsels for the plaintiffs 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 parties shall remain bound by the terms and
conditions of the settlement recorded in the aforesaid Settlement
Agreement.
8. The suit is decreed in terms of the settlement arrived at and
recorded in the Settlement Agreement dated 20.3.2015 and on the
conditions recorded hereinabove, while leaving the parties to bear
their own costs.
9. At this stage, learned counsel for the plaintiff states that in view
of the fact that the parties have arrived at a settlement through the
court annexed mediation, the plaintiff is entitled to claim refund of the
court fees in terms of Section 16 of the Court Fees Act.
10. In view of the aforesaid submission made by the counsel for the
plaintiff, the Registry is directed to issue a certificate in favour of the
plaintiffs for refund of the court fees, as per law.
11. The suit is disposed of, along with the pending applications.
12. File be consigned to the record room.
(HIMA KOHLI)
APRIL 09, 2015 JUDGE
sk
