High Court of DelhiCS(OS)/2036/2008

M/S Lorel Miss Spa v. Creative Impex

2017-07-06Hon'Ble Mr. Justice Sunil Gaur2 pages

$~2 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2036/2008 M/S LOREL MISS SPA ..... Plaintiff Through:

Mr. Rachit Nayyar, Advocate with Mr. Manish Kumar, Authorized Representative

Versus

CREATIVE IMPEX ..... Defendant Through:

Mr. Aman Hingorani & Mr. Himanshu Yadav, Advocates Mr. Vishal Chaudhary, Authorized Representative + CS(OS) 734/2009 CREATIVE IMPEX & ANR.

..... Plaintiff Through:

Mr. Aman Hingorani & Mr. Himanshu Yadav, Advocates with Mr. Vishal Chaudhary, Authorized Representative

Versus

LOREAL MISS SPA & ORS.

..... Defendants Through:

Mr. Rachit Nayyar, Advocate for defendant No.1 with Mr. Manish Kumar, Authorized Representative Mr. Saif Mahmood, Mr. Sumant & Mr. Vivek Aggarwal, Advocate for defendant No.2

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 06.07.2017 CS(OS) 2036/2008 CS(OS) 734/2009

In the above captioned two suits, parties were referred to mediation vide order of 15th October, 2015 and with the earnest endeavour of learned counsel for the parties, mediation is successful. Counsel for the parties submit that the dispute inter se parties stands amicably resolved in terms of Settlement Agreement of 20th April, 2017 reached through Delhi High Court Mediation and Conciliation Centre and these suits be disposed of in terms thereof. The Settlement Agreement of 20th April, 2017 is on record. The Authorized Representatives of the parties are present in the Court and they have been duly identified by Counsel for the parties.

They submit that claims and issues amongst the parties have been resolved and the aforesaid Settlement Agreement of 20th April, 2017 has been already acted upon and that these suits be disposed of in terms thereof. Counsel representing both the sides submit that in terms of clause (d) of aforesaid Settlement Agreement of 20th April, 2017, parties have settled and so, they seek refund of Court fees. In view of above, the above captioned two suits and pending application, if any, are disposed of in view of Settlement Agreement of 20th April, 2017. In terms of Section 16 of The Court Fees Act, 1870, the court fee paid be refunded to the parties concerned.