Gsm (Operations) Pty Ltd vs Jai Kumar Sethia And Ors
2015 Latest Caselaw 1430 Del

$~44.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 2614/2014
      GSM (OPERATIONS) PTY LTD                   ..... Plaintiff
                    Through: Mr. Anuradha Salhotra, Advocate
                    with Mr. Tushar A. John, Advocate

                         versus

      JAI KUMAR SETHIA AND ORS                     ..... Defendants
                     Through: Ms. Kruttika Vijay, Advocate

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 19.02.2015

I.A. 3433/2015 (joint application under Order XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the present

proceedings, they have arrived at an out of court settlement.

2. The details of the terms and conditions of the settlement have

been set out in para 8 of the application, whereunder the defendants

have acknowledged the plaintiff to be the registered proprietor of the

trademark, "BILLABONG" and have further undertaken to stop the

supply, sale and advertisement of the goods with the mark

"BILLABANGS" on its official website, www.gilwoodfashions.com. The

remaining terms and conditions of the settlement have also been set

out in the present application.

3. The defendants have agreed to pay a sum of `2 lacs to the

plaintiff through counsel as damages in full and final settlement of all

the claims of the plaintiff against them in the present suit. A cheque

bearing No.001101 dated 28.01.2015 for a sum of `2 lacs, drawn on

HDFC Bank, J.P. Nagar, II Phase, Bangalore has been handed over by

the counsel for the defendants and is duly accepted by the counsel for

the plaintiff.

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

been signed by the plaintiff and the defendants No.1 to 5, apart from

their respective counsels. The application is supported by the affidavits

of the signatories to the application. Counsel for the defendants states

that the defendants No.4 and 5, who are the sole proprietors of their

respective proprietorship concerns, have signed the application and

the affidavits in support thereof in their personal capacity.

5. As counsels for the plaintiff 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 application.

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

recorded in the application, while leaving the parties to bear their own

costs.

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

of the fact that the parties have arrived at a settlement at the stage of

pleadings, the plaintiff is entitled to claim refund of 50% of the court

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

8. 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.

9. File be consigned to the record room.

HIMA KOHLI, J FEBRUARY 19, 2015 rkb