Ferrero Spa vs Ramesh Kumar Agarwal & Ors
2015 Latest Caselaw 4441 Del

$~30
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 4077/2014
       FERRERO SPA                                           ..... Plaintiff
                        Through : Ms. Vaishali Mittal with
                        Ms. Neha Reddy, Advocates

                     versus
       RAMESH KUMAR AGARWAL & ORS                 ..... Defendants
                     Through : Mr. Shraman Sinha, Adv.
                     for D-1 to 4.
       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 29.05.2015 I.A. No.12358/2015(joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the

parties stating inter alia that during the pendency of the suit

proceedings, they have arrived at an out of court settlement.

2. The details of the terms and conditions of the settlement have

been set out in paras 1 to 9 of the application, whereunder the

defendants have given a series of undertakings to the plaintiff and in

lieu of the said undertakings, the plaintiff has given up the relief of

rendition of account and damages, mentioned in para 32 of the plaint.

The defendants have also agreed to change their label/trade dress to

the one depicted in the snapshots reflected in Annexure-A, enclosed

with the application.

3. Counsels for the parties state that in view of the settlement

arrived at between the parties, as recorded in the present application,

the suit may be decreed.

4. The Court has pursued the present application. The same has

been signed by the constituted attorney of the plaintiff and the

authorized signatory of the defendants as also by their respective

counsels. The application is supported by the affidavits of the

signatories to the application. Enclosed with the application are the

defendants' new jar label and design.

5. As counsels for the plaintiff and the defendants jointly state that

their clients 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 parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

6. The suit is decreed in terms of the settlement arrived at and

recorded in the application and in terms of the prayers (i) to (v)

contained in para 32 of the plaint, while leaving the parties to bear

their own costs.

7. File be consigned to the record room.

HIMA KOHLI, J MAY 29, 2015/sk