Banyan Tree Holding (P) Limited vs Mr. Jamshyad Sethna & Anr
2016 Latest Caselaw 4760 Del

$~35
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 2172/2007 & CC No.           /2015 (to be numbered)
       BANYAN TREE HOLDING (P) LIMITED                 ..... Plaintiff
                    Through : Mr. Bhagwati Prasad, Advocate

                          versus

       MR. JAMSHYAD SETHNA & ANR.                 ..... Defendants
                    Through : Mr. Riju Raj Jamwal, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI
                    ORDER

% 22.07.2016 IA No.8559/2016 (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 suit, they have arrived at an out of court settlement. The terms and conditions of the settlement have been reduced into writing in the Settlement Agreement dated 22.6.2016.

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

3. The Court has pursued the present application as also the Settlement Agreement dated 22.6.2016, which refers to several other suits pending between the parties and applications filed before the Trademark Registry, which they have agreed to withdraw. Counsels for the parties state that the Settlement Agreement refers to a period of 30 days for the parties to take steps in this regard but as the present application has been listed before the court for orders only today, the period of 30 days may be reckoned with

effect from 25.7.2016.

4. The present application has been signed by the constituted attorneys and the authorized representatives of the parties as also by their respective counsels. The application is supported by the affidavits of the signatories to the application. Accompanying the application is a copy of the Settlement Agreement dated 22.6.2016, that has been duly signed by all the parties.

5. As counsels for the plaintiff and the defendants jointly state that the parties 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 same. The parties shall remain bound by the terms and conditions of the settlement recorded in the application as also in the Settlement Agreement dated 22.6.2016. They are permitted to act upon the stipulations laid down in clause 4 of the Settlement Agreement within 30 days reckoned from 25th July, 2016.

6. The suit is decreed in terms of the settlement arrived at and recorded in the application and the Settlement Agreement dated 22.6.2016, while leaving the parties to bear their own costs.

7. The suit is disposed of, along with the counter claim.

8. The date already fixed in the case, i.e., 13.9.2016 stands cancelled.

9. File be consigned to the record room.

HIMA KOHLI, J JULY 22, 2016 sk/ap