M/S Mirza International Ltd vs M/S Girdhars Bir Shoppe
2015 Latest Caselaw 6497 Del

$~39.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 3757/2014
     M/S MIRZA INTERNATIONAL LTD                ..... Plaintiff
                    Through: Mr. Ashok Goel, Advocate with
                    Mr. Ranjeet Kumar and Ms. Renu Narula,
                    Advocates

                       versus

     M/S GIRDHARS BIR SHOPPE                 ..... Defendant
                   Through:Mr. Devendra Kumar Tiwari, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 01.09.2015

I.A. 17799/2015 (joint application u/O XXIII R 3 CPC)

1. The present joint application has been filed by the parties stating

inter alia that during the pendency of the suit, they have been able to

arrive at an out of court negotiated settlement, the terms and

conditions whereof have been set out in paras 2 to 7 of the

application, whereunder the defendant has acknowledged that the

plaintiff is the proprietor of the trademark/label/logo, "RED TAPE" and

the owner of the copyright in the packaging/logo, "RED TAPE". The

defendant has also given a series of undertakings to the plaintiff that

have been recorded in para 5 of the application and in lieu of the said

undertakings, the plaintiff has forgone its claim for damages against

the defendant. However, the defendant has agreed to pay a sum of

Rs.50,000/- to the plaintiff as token damages. Counsel for the plaintiff

confirms that the aforesaid amount has been received from the

defendant. Counsels for the parties jointly state that the suit may be

decreed in terms of the settlement recorded in the present application.

3. The Court has heard the counsels for the parties and examined

the averments made in the application. The same has been signed by

the authorised representatives of the plaintiff and the proprietor of the

defendant/firm as also their respective counsels and is duly supported

by the affidavits of the signatories.

4. 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 application.

5. The suit is decreed in terms of the settlement recorded in the

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 at the stage of

completion of pleadings, 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 under Section 16 of the Court Fees

Act.

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

9. File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 01, 2015 rkb