Sumit Sharma vs Vikas Kundalia & Ors
2015 Latest Caselaw 8205 Del

$~38.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3620/2014 & IAs No.22745/2015 and 23597/2014
     SUMIT SHARMA                                        ..... Plaintiff
                       Through : Mr. S.K. Bansal, Advocate

                       versus

     VIKAS KUNDALIA & ORS                        ..... Defendants
                    Through : Mr. B.S. Mathur with
                    Mr. Rajat Mathur, Advocates for D-1 to 3

     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

8.9.2015 has been placed on record. The terms and conditions of the

settlement have been recorded in para 12 thereof.

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

and conditions of the settlement, the defendants have admitted the

plaintiff is the owner of the proprietary trademark "LEG-ON" and

copyright in the words "LOG-IN" and they have agreed to stop using

the word "LEG-ON" for their products, namely, clothing. Further, the

defendants have agreed to withdraw any pending application for

registration of the trademark "LEG-ON". Both the parties have agreed

that the defendants shall exhaust their existing stocks within a period

of one week year from the date of execution of the Settlement

Agreement, but not later than 7th September, 2016. The rest of the

terms and conditions of the settlement are part of the Settlement

Agreement.

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 plaintiff and the defendants No.1 & 2 and the

proprietor of the defendant No.3 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 8.9.2015 is taken on record and the suit is decreed in terms

thereof, while binding the parties to the terms and conditions recorded

therein. Decree sheet be drawn accordingly.

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

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, the

plaintiff is entitled to claim refund of 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