Delhi High Court
G.D. Goenka Pvt Ltd vs M/S Giriraj Educational & Welfare ... on 4 October, 2021
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.10.2021
+ CS(COMM) 867/2016
G.D. GOENKA PVT LTD & ANR. ..... Plaintiffs
Through Mr. Rajat Aneja and Ms. Chandrika
Gupta, Advs.
versus
M/S GIRIRAJ EDUCATIONAL & WELFARE
TRUST & ANOTHER .... Defendants
Through Mr. Pawan Kumar and Mr. Ravi
Kumar, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (oral)
I.A. No.12916/2021 (u/O XXIII Rule 3 CPC)
1. The present application has been jointly filed by both the sides
praying for issuance of decree in terms of Settlement Agreement dated
20.09.2021 reached between the parties and for refund of Court fees.
2. The present suit has been filed by the plaintiffs and to pass a decree a
of permanent injunction in favour of plaintiffs and against the defendants,
their authorised representatives, office-bearers, trustees, agents, servants,
attorneys, nominees, executors, administrators, etc. thereby restraining them
from, in any manner, using the name/trade mark 'G.D. Goenka', and to
further restrain the defendants from using its logos, signs, symbols, moto,
etc. in terms of Clause 5.2 of the Memorandum of Understanding dated
06.09.2010 in any manner whatsoever as well as to pass a decree in the sum
of Rs.4,09,55,000/- along with interest @ 18 % per annum, both pendente
lite and future against the defendants until realization along with costs of the
suit to plaintiffs.
3. During pendency of the present suit, vide order dated 07.09.2021, the
matter was referred to Delhi High Court Mediation and Conciliation Centre
for the parties to explore settlement of disputes.
4. 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 20.09.2021.
5. Learned counsel for the plaintiffs submits that the present suit be
decreed in terms mentioned in the aforesaid Settlement-Agreement dated
20.09.2021. Learned counsel also submits that since the subject matter of the
suit amicably stands resolved through mediation, therefore, in terms of
Section 16 of the Court Fees Act, the entire court fees be refunded to the
plaintiffs.
6. This Court has gone through the Mediation report dated 20.09.2021
placed on record and find it to be valid and lawful. The present suit is
accordingly decreed in terms mentioned in Settlement-Agreement dated
20.09.2021, which shall form part of the decree. So far as prayer for refund
of entire Court fee is concerned, this Court finds that the plaintiffs' evidence
in this case has already commenced, therefore, plaintiffs shall be entitled to
50% of the Court fees.
7. Registry is directed to issue necessary certificate/ authorization in
favour of the plaintiffs to seek refund of 50% of Court fees before the
appropriate authorities.
8. With aforesaid directions, the present suit stands decreed accordingly.
CS(COMM) 867/2016
9. In view of orders passed in IA No. 12916/2021 (u/O XXIII R 3 CPC),
the present suit is decreed in terms of the Settlement Agreement dated
20.09.2021 reached through Delhi High Court Mediation and Conciliation
Centre between the parties. Decree sheet be accordingly drawn.
10. The plaintiffs are also entitled to refund of 50% court fees in terms of
orders passed in IA No. 12916/2021.
11. Pending application, if any, stands disposed of as infructuous.
(SURESH KUMAR KAIT)
JUDGE
OCTOBER 04, 2021
rk
