Delhi High Court
Societe Des Produits Nestle, ... vs Sapan Kumar Bhatia & Ors on 3 February, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2242/2013 & IA No.18359/2013
Decided on 03.02.2015
IN THE MATTER OF :
SOCIETE DES PRODUITS NESTLE, .S.A. & ANR. ..... Plaintiffs
Through: Ms. Mamta R.Jha and
Ms.Kritika Seth, Advocates
versus
SAPAN KUMAR BHATIA & ORS. ..... Defendants
Through: Mr. Vikas Sharma, Advocate
for D-1 & D-2
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A.No.1050/2015 (joint application u/O XXIII R-3 CPC)
1. The present compromise application has been jointly filed by the
parties stating inter alia that during the pendency of the present
proceedings, the parties have arrived at an out of court settlement.
2. The terms and conditions of the settlement arrived at between
the parties are set out in paras 4 to 12 of the application, whereunder
the defendants No.1 & 2 have recognized the plaintiff No.1 to be the
registered proprietor of the trademark, "MAGGI" and the domain name
www.maggi.in , as also the owner of the copyright in the MAGGI logo,
label and the website etc. Further, the defendants No.1 & 2 have
given undertakings to the plaintiffs as recorded in paras 6 to 11 of the
application. In view of the said undertakings, the plaintiffs have
agreed not to press for the relief of damages/rendition of accounts
against the defendants and have agreed to accept a sum of
`2,00,000/- from the defendants in full and final settlement.
3. Counsels for the parties confirm that the defendants have
tendered a sum of `2,00,000/- to the plaintiffs in two instalments,
(`1,00,000/- by way of a demand draft dated 12.1.2015 and the
remaining amount of `1,00,000/- by way of a post dated cheque dated
10.2.2015). The defendants No.1 & 2 do not have any objection if the
suit is decreed in favour of the plaintiffs, in terms of the paras 33(a) to
(d) of the plaint.
4. The Court has perused the application. The same has been
signed by the constituted attorney of the plaintiffs and the defendant
No.1 as a proprietor of the defendant No.2/firm as also by their
respective counsels. The application is supported by the affidavits of
the constituted attorney of the plaintiffs and the defendant No.1, as
the proprietor of the defendant No.2/firm.
5. As the counsels for the parties state that the parties 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 same. The parties shall
remain bound by the terms and conditions of the settlement arrived at
between them.
6. The application is allowed and the suit is decreed in accordance
with the terms and conditions of the settlement recorded in the
present application read with para 33(a) to (d) of the plaint.
7. The parties are left to bear their own costs.
File be consigned to the record room.
(HIMA KOHLI)
FEBRUARY 03, 2015 JUDGE
mk
