Kishore Zarda Factory vs Hema Tabacco Company Pvt Ltd
2015 Latest Caselaw 8393 Del

$~4.

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 628/2015
       KISHORE ZARDA FACTORY                    ..... Plaintiff
                     Through: Mr. Prakhar Sharma, Advocate

                        versus


       HEMA TABACCO COMPANY PVT LTD             ..... Defendant
                     Through: Mr. Ranjeet Kumar Singh, Advocate


       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 05.11.2015

1. Pursuant to the parties being referred to mediation, a true copy

of the Settlement Agreement dated 07.10.2015 is handed over by the

counsels for the parties. They state that the terms and conditions of

the settlement have been set out in para 6 of the Agreement,

whereunder the defendant has undertaken not to use the trademark,

"CHALCHAL/CHALCHAL 93" and the impugned label mark and

packaging in respect of chewing tobacco. The defendant has also

recognised the rights of the plaintiff in their registered trademarks and

label marks under the title, "HALCHAL/HALCHAL 92" and its variants.

The defendant has agreed to pay to the plaintiff a sum of

Rs.1,25,000/-, including a sum of Rs.50,000/- in cash mentioned in

clause 6(d) of the Agreement in full and final settlement of all its

claims, which amount has been duly received by the plaintiff.

Counsels for the parties state that the suit may be decreed in terms of

the Settlement Agreement.

2. The Court has pursued the Settlement Agreement dated

07.10.2015. The same has been signed by Shri Chander Kishore,

partner of the plaintiff/firm and the Director of the defendant/firm and

their respective counsels as also by the learned Mediator.

3. As counsels for the parties 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 said settlement. The

parties shall remain bound by the terms and conditions of the

settlement recorded in the Settlement Agreement.

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

recorded in the Settlement Agreement dated 07.10.2015, while

leaving the parties to bear their own expenses. Decree sheet be drawn

accordingly.

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

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

annexed mediation, the plaintiff is entitled to claim refund of the court

fees in terms of Section 16 of the Court Fees Act.

6. 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.

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

File be consigned to the record room.

HIMA KOHLI, J NOVEMBER 05, 2015 rkb