Merino Industries Ltd vs Suntouch Laminate Pvt Ltd
2015 Latest Caselaw 8198 Del

$~39.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 724/2015 & IA No.5559/2015
     MERINO INDUSTRIES LTD                           ..... Plaintiff
                   Through : Mr. A.K. Pandey, Advocate

                          versus

     SUNTOUCH LAMINATE PVT LTD                   ..... Defendant
                   Through : Mr. P.K. Mohapatra, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 30.10.2015

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

Mediation and Conciliation Centre, a Settlement Agreement dated

19.10.2015 has been placed on record. The terms and conditions of

the settlement have been recorded in para 7 thereof.

2. Counsels for the parties state that in accordance with the terms

and conditions of the settlement, the defendant has undertaken not to

use the booklets which are the subject matter of controversy in the

present suit and the plaintiff has given its no objection to the

defendant using the trademark "SUNTOUCH" and "NEROLAM".

Further, the defendant has agreed to pay a sum of Rs.1.00 lac to the

plaintiff towards damages. Counsel for the defendant hands over a

cheque for the aforesaid amount of Rs.1.00 lac to the counsel for the

plaintiff, which is duly accepted by him. He assures the Court that

when presented, the said cheque shall be duly encashed.

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

arrived at between the parties, the suit may be decreed.

4. The Court has perused the Settlement Agreement. The same has

been signed by the authorized representatives of the plaintiff and the

defendant and their respective counsels as also by the learned

Mediator. As the counsels for the plaintiff and the defendants 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 Settlement Agreement dated 19.10.2015 is taken on

record and the suit is decreed in terms thereof.

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

leaving the parties to bear their own expenses.

6. 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 in the

suit, the plaintiff is entitled to claim refund of the court fees in terms

of Section 16 of the Court Fees Act.

7. 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 in terms of Section 16 of the Court

Fees Act.

8. File be consigned to the record room.

HIMA KOHLI, J OCTOBER 30, 2015 sk/rkb