Soril Infra Resources Limited v. Ready Led Lighting Pvt. Ltd. & ANR
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 701/2018 & I.A.No.3296/2018 SORIL INFRA RESOURCES LIMITED ..... Plaintiff Through Ms.Deepshikha Malhotra, Advocate.
versus READY LED LIGHTING PVT. LTD. & ANR ..... Defendants Through Mr.S.M.Sundaram with Mr.K.V.Balakrishnan, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 17.07.2018 The present suit has been filed for permanent injunction restraining infringement of the registered trademark, passing off, unfair competition, dilution, rendition of accounts, damages etc. On 09th May, 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.B.L.Wali, Advocate-Mediator. A Settlement Agreement has been executed between the parties on 23rd 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 23rd May, 2018 executed between the parties, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet in terms thereof.
Registry of this Court is also directed to issue to the plaintiff a certificate authorizing it to receive back from the Collector the full amount of the Court fee paid by it in the present suit. With the aforesaid observations, present suit and pending application stand disposed of.
MANMOHAN, J JULY 17, 2018 KA