Sunbeam Products Inc vs Es Em International & Anr
2015 Latest Caselaw 650 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      CS(OS) 408/2013

                                                 Decided on : 22.01.2015
IN THE MATTER OF:
SUNBEAM PRODUCTS INC                               ..... Plaintiff
                  Through: Mr. Pravin Anand, Advocate with
                  Mr. Shrawan Chopra and Mr. Vibhav Mittal,
                  Advocates

                       versus

ES EM INTERNATIONAL & ANR                         ..... Defendants
                   Through: Mr. Bikash Ghorai, Advocate with
                   Mr. Arnab Ghosh, Advocate with Mr. Rajesh
                   Talwar, sole proprietor of defendant No.1 and
                   Director of the defendant No.2 in person.


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)


I.A. 1604/2015 (by the parties u/O XXIII R-3 CPC)


1.

The present application has been jointly filed by the parties stating

inter alia that during the pendency of the suit proceedings, the parties

have arrived at an out of court settlement.

2. Counsels for the parties state that the terms and conditions of the

settlement have been set out in para 1 of the application and they request

that the suit may be decreed in accordance with the said terms and

conditions.

3. Counsel for the defendants states on instructions from Mr.Rajesh

Talwar, the sole proprietor of the defendant No.1 and the Director of the

defendant No.2, who is present in Court, that the defendants shall cancel

the domain name/website, www.owstar.com on or before 31.01.2015 as

mentioned in para 1(b) of the application.

4. The Court has perused the application. The same has been signed

by the plaintiff through its constituted attorney and Mr. Rajesh Talwar, as

the sole proprietor of the defendant No.1 and the Director of the

defendant No.2, alongwith their respective counsels. The application is

supported by the affidavits of the constituted attorney of the plaintiff as

also Mr. Rajesh Talwar.

5. As 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.

6. The application is allowed and the suit is decreed in terms of the

said settlement.

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

leaving the parties to bear their own costs.

8. At this stage, Mr. Pravin Anand, learned counsel for the plaintiff

states that as the parties have arrived at a settlement and issues have yet

to be framed in the suit, the plaintiff is entitled to claim refund of 50% of

the court fees, in terms of Section 16-A 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 50% of the court fees, as per law.

10. File be consigned to the record room.

(HIMA KOHLI) JUDGE JANUARY 22, 2015 rkb