Tommy Hilfiger Europe B.V v. Mr. Kapil Phutela & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 801/2018 & I.A. 4929/2018 TOMMY HILFIGER EUROPE B.V ..... Plaintiff Through:

Mr.Dhruv Anand, Ms.Udita Patro and Mr.Shamim Nooreyezdan, Advocates versus MR. KAPIL PHUTELA & ORS ..... Defendants Through:

Mr.Kapil Phutela and Mr.Chandan Kumar Saha, defendants in person

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 27.09.2018 1.

The parties have amicably resolved their disputes through mediation. The terms of the settlement are recorded in the settlement agreement dated 25th September, 2018 recorded before the learned Mediator. 2.

Mr. Kapil Phutela (defendant No.1 and proprietor of defendant No.2) and Mr. Chandan Kumar Saha (defendant No.3 and proprietor of defendant No.4) are present in person and they confirm the settlement agreement dated 25th September, 2018, which is marked as Ex.C-1. 3.

The settlement between the parties is lawful and is recorded. The suit is disposed of in terms of the settlement agreement, Ex.C-1. Both the parties shall remain bound by the settlement.

4.

Learned counsel for the plaintiff submits that he has received the settlement amount from the defendants and he may be permitted to remit the said amount to the plaintiff. Learned counsel for the plaintiff is permitted to do so.

5.

Learned counsel for the plaintiff seeks refund of the Court Fees. Since the matter has been resolved through mediation, the Registry is directed to issue the certificate to the plaintiff for refund of the Court Fees under Section 16 of the Court Fees Act.

6.

Pending application is disposed of.

7.

Copy of this order be given dasti to counsels for the parties under the signature of the Court Master.

J.R. MIDHA, J.

SEPTEMBER 27, 2018 ds