Starbucks Corporation v. The Cake Bucks & ORS.
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 140/2017 & I.A.No.2342/2017 STARBUCKS CORPORATION ..... Plaintiff Through Ms.Bindra Rana with Ms.Priya Adlakha, Advocates.
versus THE CAKE BUCKS & ORS.
..... Defendants Through None
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 30.05.2018 Present suit has been filed for permanent injunction for infringement of trade mark, passing off, unfair completion, dilution, damages, rendition of accounts etc.
On 10th April, 2018, the present suit was referred to the Delhi High Court Mediation and Conciliation Centre. Mediation in the present case has been successful through the efforts of Mr.Amiet Andlay, Advocate-Mediator. A Settlement Agreement has been executed between the parties on 21st May, 2018. It is pertinent to mention that the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24 while dealing with Section 89 of the CPC observed that the settlement agreement will have to be placed before the Court for recording it and in disposing of the suit in its terms, the Court should apply the principle of Order XXIII Rule 3 of the CPC and make
a decree in terms of the settlement in regard to the subject matter of the suit, to make such settlement effective.
This Court is satisfied that the compromise between the parties contained in the aforesaid Settlement Agreement satisfies the requirements of Order XXIII Rule 3 CPC. The compromise contained in the aforesaid Settlement Agreement is lawful and therefore, this Court does not find any impediment in decreeing the present suit in terms of the aforesaid Settlement Agreement.
Consequently, present suit is decreed in terms of the aforesaid Settlement Agreement dated 21st May, 2018 executed between the parties, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet in terms thereof.
With the aforesaid observations, present suit and pending application stand disposed of.
MANMOHAN, J MAY 30, 2018 KA