Ht Media Limited vs Adhir Kumar Saxena And Anr
2015 Latest Caselaw 5825 Del

$~8.

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 1829/2011 and I.A. 11984/2011, 8262-63/2012 and
       9535/2015

       M/S HT MEDIA LIMITED                      ..... Plaintiff
                      Through: Ms. Arundhati Gopal, Advocate

                          versus


       ADHIR KUMAR SAXENA & ANR                  ..... Defendants
                     Through: Mr. Manu Beri, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 11.08.2015

1. Counsels for the parties state that pursuant to their appearing

before the Delhi High Court Mediation and Conciliation Centre, they

have been able to negotiate a settlement in terms of the Settlement

Agreement dated 09.04.2015.

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

in para 7 of the Settlement Agreement, whereunder the defendants

have acknowledged the plaintiff to be the owner and proprietor of the

intellectual property rights in respect of its website,

www.hindustantimes.com, besides others as detailed in the plaint.

The defendants have also given a series of undertakings to the plaintiff

as recorded in para 7(b) and (c) of the application and they have

agreed to pay a sum of `80,000/- to the plaintiff in full and final

settlement of all its claims, subject matter of the present suit.

3. Counsel for the plaintiff confirms that the aforesaid amount has

been tendered by the defendants. Both the parties jointly request that

the suit may be decreed in terms of prayer clause 25(a) of the plaint.

4. The Court has perused the Settlement Agreement dated

9.4.2015. The same has been signed by the authorised

representatives of the plaintiff and the defendants and their respective

counsel as also learned Mediator.

5. As counsels for the plaintiff 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 Settlement Agreement is taken on record. The parties

shall remain bound by the terms and conditions of the settlement.

6. The suit is decreed in accordance with the terms and conditions

of the Settlement Agreement dated 09.04.2015 and the prayer clause

25(a) of the plaint. Decree sheet shall be drawn accordingly.

7. The suit is disposed of alongwith the pending applications, while

leaving the parties to bear their own expenses.

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

of the fact that the parties have arrived at a settlement through court

annexed mediation, the plaintiff is entitled to claim refund of the court

fees in terms of Section 16 of the Court Fees Act.

9. 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 the court fees, as per law.

File be consigned to the record room.

HIMA KOHLI, J AUGUST 11, 2015 rkb