Fab India Overseas Pvt. Ltd vs Awadh Hathkargha Hastshilp
2017 Latest Caselaw 4329 Del

$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 22.08.2017

+       CS(COMM) 131/2016 & IA 2393/2016
FAB INDIA OVERSEAS PVT. LTD                                 ..... Plaintiff

                           versus

AWADH HATHKARGHA HASTSHILP                               ..... Defendant


Advocates who appeared in this case:


For the Petitioner         : Ms. Kripa Pandit and Mr. Dhruv Nayar, Advs.

For the Respondents        : Ms. P. Priya, Adv.


CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The plaintiff has filed the present suit for permanent and

mandatory injunction restraining the defendant from infringing the

registered Trademark "FAB INDIA" of the plaintiff.

2. The parties were referred to mediation. The parties through the

process of mediation have settled their disputes and the settlement

agreement dated 28.07.2017 has been executed between the parties.

3. The settlement agreement dated 28.07.2017 is signed by the

authorized representative of the plaintiff as well as the authorized

representatives of the defendant and also by the counsel for the

parties. The settlement agreement is marked Exhibit C - 1.

4. The terms of the settlement are recorded in Clauses 6A to 6I of

the settlement agreement Exhibit C - 1. Learned counsel for the

parties pray that the suit be decreed in terms of Clauses 6A to 6I of the

settlement agreement Exhibit C - 1.

5. I have perused the terms of the settlement agreement and find

the same to be lawful. The undertakings given by the defendant and as

recorded in settlement agreement Exhibit C - 1 are accepted. The

defendant is bound down to his undertaking.

6. The Suit is decreed in terms of Clauses 6A to 6I of the

settlement agreement Exhibit C - 1. The settlement agreement shall

form part of the decree.

7. Decree Sheet be drawn up.

8. Since the disputes have been settled through the process of

mediation, the plaintiff is entitled to refund of appropriate court fees.

The Registry is directed to issue a certificate authorizing the plaintiff

to recover appropriate court fees from the concerned authority in

accordance with law.

SANJEEV SACHDEVA, J AUGUST 22, 2017 'rs'