Burberry Limited & ANR v. Solo Mio & ORS

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2194/2013 & I.A.Nos.8698/2014, 3036-3037/2016 BURBERRY LIMITED & ANR ..... Plaintiffs Through Mr.Shashi P.Ohja, Advocate.

versus SOLO MIO & ORS ..... Defendants Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 08.12.2017 The present suit has been filed for permanent injunction, infringement of trademark, damages, delivery up etc. On 16th May, 2017, 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 Mohd. Anisur-Rehman, Advocate-Mediator. A Settlement Agreement has been executed between the parties on 10th October, 2017.

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 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 10th October, 2017 executed between the parties, which is marked as Ex.C-1. Registry is directed to prepare a decree sheet in terms thereof.

With the aforesaid observations, the present suit and all pending applications stand disposed of.

MANMOHAN, J DECEMBER 08, 2017 KA