The Royal Bank Of Scotland Group ... vs Sharekhand Limited
2015 Latest Caselaw 2650 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 1023/2013 & IA No.26553/2014


                                                 Decided on 27.03.2015

IN THE MATTER OF :
THE ROYAL BANK OF SCOTLAND GROUP PLC           ..... Plaintiff
                    Through: Raunaq Kamath, Advocate
          versus

SHAREKHAND LIMITED                                ..... Defendant
                        Through: Mr. Deepak Gogia, Advocate


CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

1. Pursuant to the order dated 24.12.2014 whereunder, the parties

were referred to the Delhi High Court Mediation & Conciliation Centre,

a Settlement Agreement dated 5.3.2015 has been placed on record.

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

the settlement have been set out in para 5 of the Settlement

Agreement whereunder, the defendant has acknowledged the

plaintiff's exclusive proprietary rights in the trademark, "MAXTRAD"

and the defendant has undertaken not to use the mark, "MAXTRADE"

or any mark identical/deceptively similarly to the plaintiff's trademark,

"MAXTRAD".

3. Counsels for the parties state that the aforesaid settlement be

taken on record and the suit be decreed in terms thereof.

4. The Court has perused the Settlement Agreement dated

5.3.2015. The same has been signed by the authorized

representatives of the plaintiff and the defendant and their respective

counsels, as also the learned Mediator. Enclosed with the Settlement

Agreement are the documents authorizing the signatories of the

agreement to sign and execute the Settlement Agreement.

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 Settlement

Agreement is taken on record. The parties shall remain bound by the

terms and conditions recorded therein.

6. The suit is decreed in accordance with the terms and conditions

recorded in the Settlement Agreement.

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

leaving the parties to bear their own expenses.

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

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

court annexed mediation and the suit is at the stage of framing of

issue, it is entitled to claim refund of the court fees in terms of Section

16 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 the court fees, as per law.

File be consigned to the record room.

                                                       (HIMA KOHLI)
MARCH 27, 2015                                            JUDGE
mk/rkb