Babu Ram Om Prakash vs Pradhan Herbal Company
2015 Latest Caselaw 597 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                     CS(OS) 2394/2011

                                              Decided on : 21.01.2015

IN THE MATTER OF:
BABU RAM OM PRAKASH                            ..... Plaintiff
                  Through : Mr. Ashok Mittal, Advocate

                      versus

PRADHAN HERBAL COMPANY                        ..... Defendant
                  Through : Ms.Insha Mir and Mr.Mahabir,
                  Advocates

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)

1.

Counsels for the parties state that pursuant to the order dated

29.10.2014, wherein the parties were referred by the learned Joint

Registrar to the Delhi High Court Mediation & Conciliation Centre to

explore the possibility of arriving at a negotiated settlement, a

Settlement Agreement dated 19.12.2014 has been placed on record.

2. It is stated by the counsels for the parties that the terms and

conditions of the settlement arrived at between the parties, have been

set out in clauses (a) to (c) of the Settlement Agreement, whereunder

the defendant has undertaken not to use the plaintiff's registered

trademark "Diamond/Black Diamond" with prefix or suffix in respect of

Henna Power (Mehandi) or allied goods and further, not to use any

label/copyright similar to the plaintiff's label duly registered under the

Copyright Act, having the mark "Diamond/Black Diamond".

3. The Court has perused the Settlement Agreement dated

19.12.2014. The same has been signed by the proprietor of the plaintiff

company, Shri Babu Ram Om Prakash, and the authorized

representative of the defendant as also the learned Mediator. Enclosed

with the Settlement Agreement is a letter of authorization dated

10.12.2014, executed by the partner of the defendant firm, authorizing

its Advocate to sign the Settlement Agreement on its behalf.

4. 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.

5. The Settlement Agreement dated 19.12.2014 is taken on record

and the suit is decreed in terms of the said settlement. The suit is

disposed of, while leaving the parties to bear their own costs.

6. Counsel for the plaintiff states that the Registry be directed to

release the original documents filed by the plaintiff.

7. Subject to the plaintiff filing the certified copies of the original

documents filed by it, it shall be entitled to return of the same from the

Registry.

8. At this stage, counsel for the plaintiff states that as the parties

have arrived at a settlement through the court annexed mediation and

the suit is still at the stage of completion of pleadings, the plaintiff is

entitled to claim refund of the 50% of the court fees in terms of Section

16-A of the Court Fees Act. Ordered accordingly.

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.

10. File be consigned to the record room.

                                                         (HIMA KOHLI)
JANUARY 21, 2015                                            JUDGE
sk/mk