M/S Mirza International Ltd vs M/S Pauls Foot Prints
2015 Latest Caselaw 8163 Del

$~24
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 3756/2014 & IA No.24412/2014
       M/S MIRZA INTERNATIONAL LTD                      ..... Plaintiff
                      Through : Mr. A.K. Goel, Advocate

                        versus

       M/S PAULS FOOT PRINTS                        ..... Defendant
                      Through : Mr. Suryakant Singla, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 29.10.2015

1. Pursuant to the parties being referred to the Delhi High Court

Mediation and Conciliation Centre, a Settlement Agreement dated

14.10.2015 has been placed on record.

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

the settlement have been recorded in paras (a) to (d) of the

Settlement Agreement, whereunder the defendant has undertaken not

to use the impugned trademark/label/packaging "RED TAPE" and/or

any other mark that is identical/deceptively similar to the plaintiff's

trade mark. The defendant has also undertaken to deliver to the

plaintiff the 22 shoes that were seized by the Local Commissioner and

handed over to the defendant on superdari.

3. Counsel for the defendant states that the shoes in question shall

be handed over to the plaintiff through counsel, within three weeks

from today. The defendant has also agreed to pay a sum of

Rs.65,000/- to the plaintiff. A demand draft for the said amount is

handed over by the counsel for the defendant to the counsel for the

plaintiff, which is duly accepted by him. In view of the aforesaid

settlement, the plaintiff has agreed to give up all the reliefs in the suit

except for prayer clause 30 (i) & (ii) of the plaint.

4. Counsels for the parties state that the suit may be decreed in

terms of the settlement recorded in the Settlement Agreement dated

14.10.2015 and prayer clause 30 (i) & (ii) of the plaint.

5. The Court has pursued the Settlement Agreement dated

14.10.2015. The same has been signed by the authorized

representative of the plaintiff and its counsel and counsel for the

defendant, who states that he has been so authorized by his client, as

also by the learned Mediator.

6. As counsels for the plaintiff and the defendant 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 Settlement Agreement dated 14.10.2015 is taken on

record. The parties shall remain bound by the conditions recorded

therein. The suit is decreed in terms of prayer clause 30(i) & (ii) of

the plaint and the terms and conditions recorded in the Settlement

Agreement dated 14.10.2015, while leaving the parties to bear their

own costs.

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

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, prior to the stage of framing of issues, the

plaintiff is entitled to claim refund of 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 under Section 16 of the Court Fees

Act.

10. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 29, 2015 sk/mk