Queen Marys School v. Queen Mary Girls School & Others

n Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

- $~4,6&7 *

IN THE HIGH COURT OF DELHI AT NEW RELHI

+ CS(COMM) 302/2018 & LA.No.3575/2018 QUEEN MARYS SCHOOL ..... Plaintiff Through Mr.N.K.Kantawala with Mr.J.P.Sharma, Mr.Praver Sharma and Ms.Nimisha Menon, Advocates.

versus , QUEEN MARYS GIRLS SCHOOL & ORS.

^ ..... Defendants Through Mr.Dilip Singh, Advocate.

+ CS(COMM) 620/2018 & I.A,No.3314/ioi8 QUEEN MARYS SCHOOL Plaintiff Through Mr.N.K.Kantawala with Mr.J.P.Sharma, Mr.Praver Sharma and Ms.Nimisha Menon, Advocates.

- versus .

, '

QUEEN MARY CONVENT SCHOOL & OTHERS Defendants Through , Mr.Dilip Singh, Advocate.

I c J + CS(COMM) 984/2018 & LA.No.8329/2018 .

QUEEN MARYS SCHOOL Plaintiff Through Mr.N.K.Kantawala with '

Mr.J.P.Sharma, Mr.Praver Sharma and Ms.Nimisha Menon, Advocates.

versus ~ , QUEEN MARY GIRLS SCHOOL & OTHERS Defendants Through Mr.Dilip Singh, Advocate.

1?

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

ORDER

% 23.10.2018 Present suits have been filed for permanent injunction restraining infringement of trade mark, passing off and rendition of accounts.

Vide order dated October, 2018 passed by a Division Bench of this Court in FAO (OS) (COMM) No. 168/2018, the matters were referred to the Delhi High Court Mediation and Conciliation Centre. Mediation in the present cases were successful through the efforts of Mr.Dalip Mehra, Advocate-Mediator. A Settlement Agreement has been executed between the parties on lO^''October, 2018.

It is pertinent to mention that the Supreme Court in Afcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 see 24 while dealing with Section 89 of the CPC observed that the settlement agreement will have to be placed before the Court 'A 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

If Court does not find any impediment in decreeing the present suits in terms of the aforesaid Settlement Agreement.

Consequently, the present suits are decreed in terms of the aforesaid Settlement Agreement dated 10^*^ October, 2018 executed between the parties. Registry is directed to prepare decree sheets in terms thereof.

Registry of this Court is also directed to issue to an authorised representative of . the plaintiff a .certificate in each suit authorizing him/her to receive back from the Collector the full amount of the Court fee paid by it with respect to the present suits. With the aforesaid observations, present suits and all pending applications stand disposed of. The interim injunction orders stand modified.

MANMOHAN, J OCTOBER 23, 2018 KA