High Court of DelhiCS(COMM)/542/2021

Reckitt Benckiser India Private Limited v. Ravi Kumar & ORS.

2024-03-21Hon'Ble Mr. Justice Anish Dayal10 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 542/2021 & I.A. 6710/2024 RECKITT BENCKISER INDIA PRIVATE LIMITED ..... Plaintiff Through:

Mr. Sumit Wadhwa and Mr. Aman Venugopal, Advs.

versus RAVI KUMAR & ORS.

..... Defendants Through:

Mr. Yatin Grover, Adv. for D-1.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 21.03.2024 I.A. 6710/2024 (joint application by parties) 1.

This application has been filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 jointly by the parties placing the terms of the settlement arrived at between them on record, which are as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

The application has been signed by the authorised signatories of parties and counter signed by their respective counsel and supported by affidavits of the parties.

The Court has perused the terms of settlement and finds them to be lawful and acceptable.

Accordingly, decree sheet be drawn up in terms of the above settlement. 5.

Parties shall be bound by the terms of settlement. 6.

As regards para 5(h) of the application, in that, defendant no.1 will pay Rs.2 Lacs to the Delhi State Legal Services Authority (Legal Aid Cell) on or before 22nd March, 2024, counsel for defendant no.1 states that some extension may be granted since they need to ascertain the details of the beneficiary account. Accordingly, the same may be paid on or before 01st April, 2024.

As regards para 5(c) of the settlement, counsel inform that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have agreed that same can be carried out on or before 05th April, 2024, in presence of the representatives of the plaintiff and defendant. 8.

As regards defendant no.2, no one has appeared in proceedings before this Court and has been proceeded ex-parte by order dated 20th December, 2022.

In view of the same, counsel for plaintiff claims that they are entitle to a decree in their favour. An ex-parte injunction had been awarded in favour of plaintiff vide order dated 28th October, 2021 in the following terms: 10.

Details of the claim by the plaintiff were narrated in the said order as well which have been perused by this Court inter alia in paragraphs 17 - 24 of the said order.

11.

Considering that defendant no.2 has not joined the proceedings, averments stand unrebutted.

12.

Accordingly, decree is passed in favour of plaintiff in terms of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

following prayers, as included in the plaint: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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

13.

In view of the settlement between the parties, plaintiff is entitled to 50% refund of the court fees.

14.

Registry is directed accordingly.

15.

As regards defendant no.3, a decree was passed in favour of plaintiff on 20th December, 2022.

16.

Accordingly, suit is disposed of in the aforesaid terms. Pending applications, if any, also stand disposed of. 17.

Order be uploaded on the website of this Court. ANISH DAYAL, J MARCH 21, 2024/MK/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.