Hindalco Industries Ltd. vs Amit Agrawal
2021 Latest Caselaw 2741 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                            Date of decision: 01.10.2021


+       CS(COMM) 15/2020 & I.A. 424/2020
        HINDALCO INDUSTRIES LTD.                ...... Plaintiff
                     Through: Mr. Sachin Gupta, Mr. Pratyush Rao,
                              Ms. Jasleen Kaur & Mr. Snehal
                              Singh, Advocates

                          Versus

        AMIT AGRAWAL                                   ...... Defendant
                    Through:           Mr. Sanjeev Singh & Mr. Shayam
                                       Khurram, Advocates

        CORAM:
        HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

1. The present suit has been filed under the provisions of Section 2(c )

(xviii) of the Commercial Courts Act, 2015 in conformity with the Delhi

High Court (Original Side) Rules, 2018 against the defendant for dealing in

compost, manures, fertilizers under mark GOYANKA BALWAN, which is

claimed to be deceptively similar to plaintiff's trade mark BALWAN,

amounting to infringement and passing off of plaintiff's rights in its trade

mark.

2. During pendency of the present suit, vide order dated 19.07.2021, the

matter was referred to Delhi High Court Mediation and Conciliation Centre

for parties to explore settlement of disputes. .

3. Today, learned counsel appearing from both the sides submit that the

subject matter of this suit has been amicably resolved through mediation and

parties have finally resolved their disputes in terms of Settlement-Agreement

dated 09.09.2021.

4. Learned counsel for the plaintiff submits that the present suit be

decreed in terms mentioned in the aforesaid Settlement-Agreement dated

09.09.2021. Learned counsel also submits that since the subject matter of the

suit amicably stands resolved through mediation before commencement of

the pleadings, therefore, in terms of Section 16 of the Court Fees Act, the

entire court fees be refunded to the plaintiff.

5. This Court has gone through the Mediation report dated 09.09.2021

placed on record and find it to be valid and lawful. The present suit is

accordingly decreed in terms mentioned in Settlement-Agreement dated

09.09.2021, which shall form part of the decree.

6. A Division Bench of this Court in Nutan Batra Vs. M/s. Buniyaad

Associates 2018 SCC OnLine Del 12916, 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.

7. Concurring with afore-noted decisions, 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.

8. With aforesaid directions, the present suit stands decreed accordingly.

Pending application is disposed of as infructuous.

(SURESH KUMAR KAIT) JUDGE OCTOBER 01, 2021 r