Disney Enterprises Inc And Anr vs Swapnil Jain And Ors
2015 Latest Caselaw 5543 Del

$~36
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1435/2012
       DISNEY ENTERPRISES INC & ANR            ..... Plaintiffs
                     Through : Mr. Shivam Sharma, Advocate

                         versus

       SWAPNIL JAIN & ORS                         ..... Defendants
                      Through : Mr. Rahul Gupta, Advocate
                      for D-1, 2 & 4.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                    ORDER

% 03.08.2015 I.A. No.15674/2015 (joint application u/O XXIII R 3 CPC)

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

inter alia that during the pendency of the suit proceedings, they have

arrived at an out of court negotiated settlement.

2. The terms and conditions of the settlement have been recorded

in para 2 of the application, whereunder the defendants have given a

series of undertakings to the plaintiffs and acknowledged the plaintiffs

to be the exclusive owner/holder of all rights in characters, character

names, trademarks and copyrights, etc., subject matter of the suit.

The defendants have further agreed to pay a sum of `6.00 lacs to the

plaintiffs as token legal costs.

3. Counsel for the defendants states that he has brought a draft for

the aforesaid amount, which is handed over to the counsel for the

plaintiffs. The defendants have agreed to remain bound to the

undertakings given in the present application and in lieu thereof, the

plaintiff has agreed to give up the reliefs in para 25 (b), (c) & (d) of

the plaint.

4. Counsels for the parties jointly state that the suit may be

decreed in terms of the settlement recorded in the present application.

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

been signed by the plaintiffs No.1 & 2 through the constituted attorney

and by defendant No.1, proprietor of the defendant No.2, as also by

their respective counsels. The application is supported by the

affidavits of the signatories to the application.

6. As the counsels for the plaintiffs and the defendants jointly state

that they 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. The terms and conditions contained in

the application shall form a part of the decree.

7. The suit is decreed in terms of the settlement arrived at and

recorded in the application and the reliefs prayed for in para 25(a), (i),

(ii) & (iii) of the plaint, while leaving the parties to bear their own

expenses.

8. The suit is disposed of.

9. File be consigned to the record room.

HIMA KOHLI, J AUGUST 03, 2015 sk/mk