Kaya Limited vs Ms Ruby Sharma
2016 Latest Caselaw 5307 Del

$~31
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(COMM) 576/2016 & IAs No.6290-91/2016
       KAYA LIMITED                                    ..... Plaintiff
                          Through : Mr. Zeeshan Khan, Advocate

                          versus

      MS RUBY SHARMA                                 ..... Defendant
                        Through : Mr. Shiv Kumar, Advocate
      CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                        ORDER

% 11.08.2016 I.A. 9732/2016 (joint application u/O XXIII R 3 CPC)

1. The present compromise application has been filed by the parties stating inter alia that during the pendency of the present proceedings, they have arrived at an out of court settlement.

2. The details of the terms and conditions of the settlement have been set out in para 4 of the application, whereunder the defendant has acknowledged the plaintiff to be the registered proprietor of the trademark, "KAYA" and has further undertaken not to use the same in future. Further, the defendant has changed its name from "KAYA BEAUTY CARE & TRAINING CENTRE" to "DLOOKS". The remaining terms and conditions of the settlement have also been set out in the present application.

4. Counsels for the parties jointly state that the suit may be decreed in terms of the settlement arrived at between the parties.

5. The Court has pursued the present application. The same has been signed by the authorized signatories of plaintiff and the defendant, apart

from their respective counsels. The application is supported by the affidavits of the signatories to the application.

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 parties shall remain bound by the terms and conditions of the settlement recorded in the application.

7. The suit is decreed in terms of the settlement arrived at and recorded in the application, while leaving the parties to bear their own costs.

8. 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 pleadings, the plaintiff is entitled to claim refund of 50% of the court fees in terms of Section 16-A 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 50% of the court fees, as per law.

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

11. File be consigned to the record room.

HIMA KOHLI, J AUGUST 11, 2016 sk