Delhi High Court
M/S Today Tea Ltd vs M/S Aggarwal Tea Co.& Anr on 26 March, 2015
41.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 4061/2014 & IA No.26416/2014(u/O XXXIX R1&2 CPC)
M/S TODAY TEA LTD ..... Plaintiff
Through Mr.Umesh Mishra, Advocate
versus
M/S AGGARWAL TEA CO.& ANR ..... Defendants
Through Mr.R.L.Goel, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
I.A. No.6409/2015 (joint application u/O XXIII R-3 CPC)
1. The present joint application has been filed by the parties stating
inter alia that they had arrived at a settlement through the Court
annexed Mediation Centre, reduced into writing as a Settlement
Agreement dated 17.3.2015. The terms and conditions of the
settlement are set out in para 6 of the Settlement Agreement,
whereunder the defendants have agreed to pay a total sum of
`1,60,000/- to the plaintiff.
2. It is submitted by the counsels for the parties that out of the
aforesaid amount, a sum of `60,000/- has already been tendered by
the defendant to the plaintiff, thus leaving the balance amount of
`1.00 lac, which has been agreed to be paid by the defendant to the
plaintiff in the manner set out in para 6 (c) of the Settlement
Agreement. In terms of the settlement, the defendants have also
admitted that they shall not use the trademark, "T-STAR" or the
plaintiffs' mark "TODAY/TODAY STAR" for their products in respect of
tea and coffee in Class 30. The remaining terms and conditions of the
settlement are set out in clauses (a) to (g) of para 6 of the Settlement
Agreement.
3. Counsels for both the parties state that in view of the aforesaid
settlement, no further dispute is pending between the parties and the
suit may be decreed in terms thereof.
4. The present application has been signed by the authorized
representatives of plaintiff and the defendants as also their respective
counsels. The same is supported by the affidavits of the signatories to
the application. As the counsels for the parties 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 plaintiff and the defendant shall remain bound by the
terms and conditions of settlement, as recorded in the Settlement
Agreement dated 17.03.2015.
5. The suit is decreed in terms of the Settlement Agreement dated
17.03.2015, while leaving the parties to bear their own costs.
6. At this stage, learned counsel for the defendants states that the
keys of the premises bearing No.C-53, Tyagi Vihar, Nangloi, Delhi,
that were seized by the Local Commissioner in the course of executing
the commission, may be returned to the defendants. The keys are
presently lying in a sealed cover alongwith the report of the Local
Commissioner.
7. Counsel for the plaintiff states that he does not have any
objection to the said keys being handed over to the Local
Commissioner so that both the parties can remain present with him at
the aforesaid premises, on a date and time that may be fixed by him,
for the defendants to destroy the tea/coffee bags and packaging, lying
in the said premises.
8. The Registry is directed to release the keys of the aforecited
premises to the Local Commissioner. The parties shall approach the
Local Commissioner at the earliest, for him to fix a convenient date
and time for unlocking the premises, whereafter, the tea/coffee
packages and the infringing empty cartons/packaging material lying
there shall be destroyed in his presence. The Local Commissioner shall
be paid an additional fee of `10,000/- for the said purpose to be borne
exclusively by the defendants. The report shall be filed by the Local
Commissioner within two weeks from the date of executing the
commission.
9. The suit is disposed of along with the pending applications.
10. File be consigned to the record room.
A copy of this order be given DASTI to the Local Commissioner
for perusal and compliance.
(HIMA KOHLI)
MARCH 26, 2015 JUDGE
sk/rkb
