M/S. Sns Products Private Limited v. M/S. S.P. Spices

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 911/2018 & I.A. 7607/2018 M/S. SNS PRODUCTS PRIVATE LIMITED ..... Plaintiff Through: Mr. Saurabh Banerjee, Advocate with Mr. Bikram Singh, Advocate.

versus M/S. S.P. SPICES ..... Defendant Through: Mr. P.C. Arya, Advocate with Mr. Chetan Giri, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 22.02.2019 Present suit has been filed for permanent and mandatory injunctions, damages, infringement of trade mark and copyright, passing off, rendition of accounts, delivery up, dishonest trading and unfair competition. On 03rd December, 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 Ms. Sujata Kashyap, Advocate-Mediator.

A Settlement Agreement has been executed between the parties on 21st February, 2019.

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 23 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 23 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 February, 2019 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 an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector 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 FEBRUARY 22, 2019 js