Delhi High Court
Tata Sons Private Limited vs Sunil Keshavji Tataria & Anr. on 31 August, 2021
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 31.08.2021
+ CS(COMM) 308/2020 & I.A. 6632/2020
TATA SONS PRIVATE LIMITED ..... Plaintiff
Through Ms. Nancy Roy, Adv.
Versus
SUNIL KESHAVJI TATARIA & ANR. .... Defendants
Through Mr. Achutan Sree Kumar, Adv.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
1. The present suit has been filed by the plaintiff seeking permanent
injunction restraining infringement of registered trade mark, passing off,
dilution and tarnishment of trademarks, damages, rendition of accounts,
delivery up in respect of plaintiff's registered trade mark.
2. The defendants are engaged in the manufacture and sale of adult
diapers and underpads which bear the infringing mark / logo .
3. In 2020, counsel for plaintiff received information regarding
defendants' adult diapers and underpads being sold under the trade mark and
the infringing mark /logo and deputed independent
investigator, who conducted investigation and found that defendants were
engaged in the business through domain / website www.tatariahygiene.com,
which amounted to misappropriation of plaintiff's trade mark "TATA".
4. During pendency of the suit, vide order dated 16.02.2021, the matter
was referred to Delhi High Court Mediation and Conciliation Centre for
parties to explore possibility of settlement through mediation.
5. Learned counsel for the parties have informed this Court that the
subject matter of the suit has been amicably resolved in terms of Settlement
Agreement dated 03.08.2021 passed by Delhi High Court Mediation and
Conciliation Centre and terms of settlement are enumerated therein.
6. Learned counsel for the plaintiff submits the terms of settlement are
incorporated in Para-1(a) to (j) of the aforesaid Settlement Agreement dated
03.08.2021 and the present suit be decreed in terms thereof.
7. Learned counsel appearing on behalf of defendants submit that the
defendants undertake to abide by the terms of aforesaid Settlement
Agreement dated 03.08.2021.
8. This Court has gone through the contents of the mediated Settlement
Agreement dated 03.08.2021 and find it to be valid and lawful. Accordingly,
the present suit is decreed in terms of Settlement Agreement dated
03.08.2021, which shall form part of decree. Decree sheet be accordingly
drawn.
9. Both the parties shall remain bound by the terms of the Settlement
Agreement dated 03.08.2021.
10. At this stage, learned counsel for plaintiff prays for refund of entire
court fees under the provisions of Section 16A of the Court Fees Act.
11. A Division Bench of this Court in Nutan Batra Vs. M/s. Buniyaad
Associates 2018 SCC OnLine Del 12916, while relying upon decision of
Hon'ble Supreme Court in Afcons Infrastructure Limited v. Cherian
Varkey Construction Company Private Limited (2010) 8 SCC 24, had
allowed an appeal against the order of refusal of refund of entire court fee in
a suit. Further, a Coordinate Bench of this Court in Munish Kalra Vs. Kiran
Madan and Others 2019 SCC OnLine Del 8021 taking into account the
fact that the dispute stands amicably settled between the parties, had relied
upon decisions in Afcons Infrastructure Limited (Supra) and Nutan Batra
(Supra) and directed refund of the entire court fees.
12. Since the dispute inter se parties stand resolved prior to commencing
of pleadings, this Court finds that plaintiff is entitled to refund of entire
court fees. Registry is directed to issue necessary certificate/ authorization in
favour of the plaintiff to seek refund before the appropriate authorities.
13. Pending application stands disposed of being infructuous.
SURESH KUMAR KAIT, J
AUGUST 31, 2021/rk
