Northland Rubber Mills v. Varun Mahajan & ANR.
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 360/2021 & I.A. 9789/2021, I.A. 13792/2021, I.A. 44780/2024 NORTHLAND RUBBER MILLS .....Plaintiff Through:
Mr.
Rajesh Sharam and Ms.
Shailender Kumar, Advocates Mob: 9312400662 Email: thecaltrade@gmail.com versus VARUN MAHAJAN & ANR.
.....Defendants Through:
Mr. Satish Kumar, Mr.
Amit Kumar and Ms. Yashodhara, Advocates Mob: 8510062329 Mr. Rajive Bhalla, Sr. Advocate with Mr. Shubham Bhalla and Ms. Aadya Kapoor, Advocates for Mr. Anil Mahajan Mob: 9654427273 Email: shubhambhalla@hotmail.com Ms. Tasha Singh, Advocate for Mr.
Sunil Mahajan, Mr. Dhruv Mahajan and Ms. Sonia Mahajan (applicants) Mob: 9910026910
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 12.11.2024
O R D E R
I.A. 44780 /2024 (Application under Order XXIII Rule 3 CPC) 1.
The present application has been filed under Order XXIII Rule 3 read The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
with Section 151 of the Code of Civil Procedure, 1908 ("CPC") for recording a compromise, and passing a decree in terms of the compromise dated 31st August, 2024.
2.
The plaintiff has filed the present suit for permanent injunction restraining the infringement of trademark, passing off of trademark, trade name and rendition of accounts, etc.
3.
By way of the present application, it is submitted that the parties have now arrived at a compromise pursuant to the Settlement Agreement dated 31st August, 2024, on the terms and conditions, as mentioned in the Settlement Agreement, to which all the parties agreed before the Delhi High Court Mediation and Conciliation Centre.
4.
Learned counsel appearing for the plaintiff submits that since in the present application, the signatures of the plaintiff were inadvertently not there, he has filed an application with respect thereto, confirming the prayer made in the present application that the suit be decreed in terms of the Settlement Agreement.
5.
The statement made by learned counsel appearing for the plaintiff is recorded.
6.
Learned counsel appearing for the defendants submits that they have no objection to the aforesaid prayer.
7.
Learned counsel appearing for the parties confirm the terms of the settlement and submit that the suit be decreed in terms of the Settlement Agreement.
8.
This Court has perused the terms of the settlement and finds the same to be lawful.
9.
Accordingly, the present suit is decreed in terms of the Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Agreement dated 31st August, 2024, which shall form part of the decree. 10.
Parties are bound by the terms of the settlement. 11.
Let decree sheet be drawn up.
12.
The suit along with the pending applications, stands disposed of. 13.
In view of the fact that complicated disputes between the parties have been settled by way of mediation, this Court places on record, its appreciation for Ms. Veena Ralli, the learned Mediator, in the present case. MINI PUSHKARNA, J NOVEMBER 12, 2024 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.