Metro Institutes Of Medical ... vs Metro City Hospital
2015 Latest Caselaw 6925 Del

$~20.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 3247/2014 and I.A. No.20954/2014

      METRO INSTITUTES OF MEDICAL SCIENCES P.LTD...... Plaintiff
                    Through: Mr. Sachin Gupta, AdvocatePravin

                         versus

      METRO CITY HOSPITAL                        ..... Defendant
                    Through: Mr.P.C.Arya and
                    Mr.Ajay Pal Singh, Advocates

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 14.09.2015

IA No.25861/2015(joint application u/O XXIII R 3 CPC)

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

inter alia that they have arrived at a settlement whereunder, the

defendant has recognized the plaintiff to be the proprietor of the

trademark/trade name, "METRO" in respect of medical and hospital

services. Further, the defendant has given a series of undertakings to

the plaintiff. Defendant has also undertaken to use the mark,

"METROPOLITAN CITY HOSPITAL" in the agreed font, colour and size

without giving prominence to any part of the aforesaid words. The

defendant has paid a sum of Rs.15,000/- to the plaintiff as costs. In

view of the aforesaid undertakings given by the defendant, the plaintiff

has given up the relief of rendition of costs.

2. Counsels for the parties state that the suit be decreed in terms

of the settlement recorded in the present application.

3. The court has perused the present application. The same has

been signed by the authorised representatives of the plaintiff and the

defendant and their respective counsels. The same is supported by the

affidavits of the signatories to the application.

4. As the counsels for the plaintiff and the defendant 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 parties shall remain bound by the terms and

conditions of the settlement. The application is taken on record.

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

recorded in the application, while leaving the parties to bear their own

expenses. Decree Sheet be drawn accordingly.

6. The suit is disposed of, along with pending application.

File be consigned to the record room.

HIMA KOHLI, J SEPTEMBER 14, 2015 mk