M/S Mohan Meakin Limited vs M/S High Brew International Pvt ...
2016 Latest Caselaw 6834 Del

$~01.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+        CS(COMM) 642/2016
         M/S MOHAN MEAKIN LIMITED                ..... Plaintiff
                     Through : Mr.S.P. Singh, Adv.

                            versus

         M/S HIGH BREW INTERNATIONAL
         PVT LTD & ORS.                             ..... Defendants
                        Through : Mr.Afzal. B. Khan, Adv. for
                                  Mr.Prateek Srivastava, Adv. for
                                  defendant no.1.
                                  Mr.Anuj Mirdha and Mr.Sushant
                                  Kumar, Advs. for defendant no.2.

CORAM:
   HON'BLE MR. JUSTICE G.S.SISTANI

                      ORDER

% 07.11.2016

1. Plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, infringement of copyright, passing off, unfair competition, damages, delivery up, etc.

2. Learned counsel for the parties submit that the parties have arrived at an amicable settlement before the Delhi High Court Med iation and Conciliation Centre on 2.9.2016, a copy of the Settlement Agreement dated 2.9.2016 has been placed on record, which is marked as Exhibit P-1. Counsel pray that the present suit be decreed in terms of Exhibit P-1.

3. Heard counsel for the parties and also perused the Settlement Agreement dated 2.9.2016. The Settlement Agreement dated 2.9.2016

is duly signed by the Power of Attorney holder of plaintiff, Director of defendant no.1 and Proprietor of defendant no.2. The Settlement Agreement has also been signed by the counsel for the plaintiff and defendants no.1, 2 and 3 and the Mediator.

4. As prayed, the suit is decreed in terms of the Settlement Agreement, Exhibit P-1. Let the decree sheet be drawn up accordingly.

5. Learned counsel for the plaintiff also prays for refund of court fee in view of the settlement having been arrived at before the Mediation Centre.

6. Accordingly, the plaintiff shall be entitled to refund of Court fee in terms of Section 16 of the Court Fees Act. Let an appropriate certificate be issued to the plaintiff.

7. The Court appreciates the efforts put in by the counsel for the parties, the parties and the learned Mediator in early resolution of the matter. I.A. 21171/2015 (O XXXIX R 1 & 2 CPC)

8. In view of the above, interim order dated 7.10.2016 is made absolute.

9. Application stands disposed of.

G.S.SISTANI, J NOVEMBER 07, 2016 msr