Montblanc Simplo Gmbh vs M/S Chunni Lal Hazari Lal & Ors
2015 Latest Caselaw 3521 Del

$~25.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI


+     CS(OS) 8/2011 & IAs No.36/2011 & 5784/2013


      MONTBLANC SIMPLO GMBH                    ..... Plaintiff
                    Through: Ms. D.Neha Reddy and Mr.Siddhant
                    Chamola, Advocates

                        versus

      M/S CHUNNI LAL HAZARI LAL & ORS.          ..... Defendants
                     Through: Mr. Eashan Ghosh, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 30.04.2015

I.A. 3713/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that they have arrived a settlement.

2. The terms and conditions of the settlement are set out in paras

1 to 11 of the application. The defendants acknowledge the plaintiff's

proprietary rights in the trademark registrations mentioned in para 1

of the application and they have given some undertakings to the

plaintiff. In view of the said undertakings, the plaintiff has agreed to

give up the prayers at para 54(b), (c) & (d) of the plaint.

3. Counsels for the parties state that the suit may be decreed in

accordance with the terms of the conditions recorded in the

application.

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

been signed by the authorized signatory of the plaintiff, proprietors of

the defendants No.1 to 4 and their respective counsels. The

application is supported by the affidavits of the signatories to the

application.

5. As the counsels for the parties state that the parties have

arrived at an out of Court 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 same.

The parties shall remain bound by the terms and conditions of the

settlement. The application is allowed and the suit is decreed in terms

of the settlement recorded therein. The suit is disposed of alongwith

the pending applications, while leaving the parties to bear their own

expenses.

6. At this stage, learned counsel for the plaintiff states that in view

of the fact that the parties have arrived at an out of court settlement,

the plaintiff is entitled to claim refund of 50% of the court fees in

terms of Section 16-A of the Court Fees Act.

7. 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

plaintiff for refund of 50% of the court fees, as per law.

File be consigned to the record room.

HIMA KOHLI, J APRIL 30, 2015 mk/rkb