Giani S Foods Private Limited vs Mr. Keshav Aggarwal, Trading As ...
2022 Latest Caselaw 385 Del

$~2 (2020)
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                           Date of decision: 07.02.2022

+     CS(COMM) 439/2020 & I.A. 9218/2020
      GIANI S FOODS PRIVATE LIMITED                      ..... Plaintiff
                           Through    Mr. Aayushmaan Gauba and Ms.
                                      Gunjan Chhabra Advs.

                           versus

      MR. KESHAV AGGARWAL, TRADING AS M/S. KESHAV
      FOODS & ANR.                           .... Defendants
                   Through Mr. Suyash Gupta, Adv.

      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (oral)

The hearing has been conducted through video conferencing.

1. The captioned suit has been filed by the plaintiff seeking permanent

injunction restraining infringement of trademarks, trade dress and passing

off, etc. against the defendants.

2. Vide order dated 19.03.2021, the matter was referred to Delhi High

Court Mediation and Conciliation Centre for making an effort to amicably

resolve their disputes.

3. Today, learned counsel for parties jointly submitted that plaintiff and

defendants have amicably settled their disputes before the Delhi High Court

Mediation and Conciliation Centre vide Settlement Agreement dated

22.10.2021.

4. Learned counsel for the plaintiff submits that in terms of aforesaid

settlement, the present suit be decreed against defendants.

5. Learned counsel appearing on behalf of defendant submits that the

defendant undertakes to abide by the terms of aforesaid Settlement

Agreement dated 22.10.2021.

6. Accordingly, the present suit is disposed of in terms of Settlement

Agreement dated 22.10.2021.

7. Needless to say, parties shall be bound by the terms of aforesaid

Settlement Agreement.

8. At this stage, learned counsel for plaintiff prays for refund of entire

Court fee.

9. 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.

10. 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.

11. In view of above, present suit and pending application are accordingly

disposed of.

SURESH KUMAR KAIT, J FEBRUARY 7, 2022/rk