Capital Foods Pvt. Ltd. vs N.N. Food Product
2015 Latest Caselaw 3041 Del

59.
*           IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CS(OS) 3555/2014 & IA No.23097/2014

                                          Decided on 16.04.2015
IN THE MATTER OF:
CAPITAL FOODS PVT. LTD.                        ..... Plaintiff
                    Through :Ms. Nancy Roy, Advocate


                        versus

N.N. FOOD PRODUCT                                   .... Defendant
                        Through : Mr. Ranjan Roy, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A. No.7385/2015 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that they have arrived at a settlement through

mediation during the pendency of the present proceedings.

2. Though the mediation report is not on record, counsels for the

parties state that the terms and conditions of the settlement were duly

recorded by the learned Mediator on 27.3.2015. They further state

that the terms and conditions of the settlement arrived at between the

parties have been set out in para 3 of the application, wherunder the

defendant has acknowledged the intellectual property rights of the

plaintiff in respect of the trademark "RAJI" and the plaintiff's copyright

in the packaging associated with the said trademark. The defendant

has also given certain undertakings to the plaintiff and in lieu of the

said undertakings, the plaintiff has agreed to forego its claim for

damages against the defendant.

3. Counsels for the parties state that in view of the settlement

arrived at between the parties, as recorded in the present application

which is identical to the settlement recorded in the Settlement

Agreement dated 27.3.2015, executed before the Mediator appointed

by the Delhi High Court Mediation & Conciliation Centre, the suit may

be decreed.

4. The Court has pursued the present application. The same has

been signed by the constituted attorneys of the plaintiff and the

defendant as also by their respective counsels. The application is

supported by the affidavits of the signatories to the application.

5. As counsels for the plaintiff and the defendant 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.

6. The suit is decreed in terms of the settlement arrived at through

mediation, as recoded in the Settlement Agreement dated 27.3.2015

as also in terms of the present application, while leaving the parties to

bear their own costs.

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

8. The date already fixed in the suit, i.e., 11th May, 2015 stands

cancelled.

9. File be consigned to the record room.

                                                     (HIMA KOHLI)
APRIL 16, 2015                                          JUDGE
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