Delhi High Court
Ds Confectionery Products ... vs Mahadev Confectionery & Ors on 23 November, 2021
$~4(2020)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.11.2021
+ CS(COMM) 169/2020 & I.As.4409/2020 & 5087/2020
DS CONFECTIONERY PRODUCTS LIMITED ..... Plaintiff
Through
versus
MAHADEV CONFECTIONERY & ORS ..... Defendants
Through Mr.Amit Jain, 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 the defendants from infringement of trade mark,
copyright, trade dress, layout, colour combination, get up, passing off, unfair
trade practice, rendition of accounts of profit, delivery up, damages, etc.
2. Vide order dated 06.10.2020, the matter was referred to Delhi High
Court Mediation and Conciliation Centre (SAMADHAN) for making an
effort to amicably resolve their disputes.
3. This court is informed that the parties have mutually settled their
disputes and the terms of the settlement have been incorporated in
Settlement Agreement dated 22.11.2021, which is duly signed by both the
sides/parties. The aforesaid Settlement Agreement dated 22.11.2021 has
come on record.
4. Learned counsel for the plaintiff submits the terms of settlement are
incorporated in the aforesaid Settlement Agreement dated 22.11.2021 and
the present suit be decreed in terms thereof.
5. Learned counsel appearing on behalf of defendants submit that the
defendants undertake to abide by the terms of aforesaid Settlement
Agreement dated 22.11.2021.
6. This Court has gone through the contents of the mediated Settlement
Agreement dated 22.11.2021 and find it to be valid and lawful.
7. Accordingly, the present suit is decreed in terms of Settlement
agreement dated 22.11.2021, which shall form part of decree. Decree sheet
be accordingly drawn.
8. Needless to say, parties shall remain bound by the terms of the
Settlement Agreement dated 22.11.2021.
9. At this stage, learned counsel for the plaintiff prays for refund of
entire court fee.
10. On the aspect of refund of court fees, relying upon decision of
Hon'ble Supreme Court in Afcons Infrastructure Limited v. Cherian
Varkey Construction Company Private Limited: (2010) 8 SCC 24, a
Division Bench of this Court in Nutan Batra Vs. M/s. Buniyaad Associates:
2018 SCC OnLine Del 12916 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.
11. In view of aforesaid decisions, this Court finds that the 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.
12. In view of above, present suit and pending application are accordingly
disposed of.
(SURESH KUMAR KAIT)
JUDGE
AUGUST 31, 2021
ab/r
