Hero Investcorp Private Limited & ANR. v. Ashok Kumar

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 286/2025, I.A. 8414/2025, I.A. 19013/2025 & I.A. 19275/2025 HERO INVESTCORP PRIVATE LIMITED & ANR.

.....Plaintiffs Through:

Ms. Aastha Sharma, Mr. Armaan Bhardwaj & Ms. Shreya Sharma, Advcoates.

Versus

ASHOK KUMAR .....Defendant Through:

Mr. S.K. Verma, Advocate.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 16.12.2025 1.

Vide order dated 28.07.2025, the Parties were referred to Delhi High Court Mediation and Conciliation Centre ("DHCMCC") to explore the possibility of settlement.

2.

The learned Counsel for the Parties submitted that the matter has been settled between the Parties before the DHCMCC and a Settlement Agreement dated 06.11.2025 ("Settlement Agreement") has been executed between the Parties. The learned Counsel for the Parties have also handed over the copy of the Settlement Agreement. The same is taken on record. 3.

In view of the above, the learned Counsel for the Parties submitted that present Suit be decreed in terms of the Settlement Agreement. 4.

Accordingly, the Suit is decreed by binding the Parties to the Terms of Settlement recorded in Paragraph Nos. (i) to (xv) of the Settlement Agreement.

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5.

The learned Counsel for the Parties further submitted that in terms of Paragraph No. (vi) of the Settlement Agreement, a direction be passed for release of the stocks seized by the learned Local Commissioner during the execution of the Commission on 27.09.2024 and be handed over to the Defendant on superdari to the Plaintiffs for destruction thereof. 6.

Accordingly, it is directed that the stocks seized by the learned Local Commissioner during the course of execution of the Commission on 27.09.2024 be released to Plaintiff No. 1 by the Defendant within a period of one week. It is further directed that if at the time of de-sealing of the seized products, if any product, which does not bear the Marks, 'HERO', ' ' / '

' and '

' / '

', the same shall be released / handed over to the Defendant.

7.

Let Decree Sheet be drawn up accordingly.

8.

The learned Counsel for the Plaintiffs prays for refund of the Court Fees on the ground that the matter is settled at an initial stage. 9.

In view of the fact that matter has been settled at an early stage, the Registry is directed to issue a certificate of refund of 100% of the Court Fees in favour of the Plaintiffs, in terms of Section 16 of the Court Fees Act, 1870. 10.

It is however, made clear that in case any dispute arises between the Parties and in the event, either Party approaches this Court for enforcement of the Settlement Agreement / Decree, the said Party or Parties will become liable to pay the entire Court Fees thereon.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

The Suit and all the pending Applications stand disposed of. TEJAS KARIA, J DECEMBER 16, 2025 'gsr'

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