Gulati Restaurant & Foods Pvt. Ltd. v. Parminder Singh Gulati

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1022/2018 & I.A. 9260/2018 GULATI RESTAURANT & FOODS PVT. LTD.

..... Plaintiff Through: Mr. Sudeep Chatterjee, Advocate with Ms. Nupur Lamba, Ms. Drishti Chatterjee and Ms. Aishwarya Chaturvedi, Advocates.

versus PARMINDER SINGH GULATI ..... Defendant Through: Mr. Rohit Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 05.09.2018 Present suit has been filed for permanent injunction restraining infringement of rights in the trade mark/trade name/logo/ "GULATI" and misrepresentation, passing off and dilution, damages/rendition of accounts, delivery up etc.

On 16th August, 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 Mr. Yudhvir Singh Chauhan, Advocate-Mediator. A Settlement Agreement has been executed between the parties on 28th August, 2018.

Learned counsel for defendant states that the amended menu for both the locations shall be filed with the Registry of this Court by tomorrow.

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 28th August, 2018 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 SEPTEMBER 05, 2018 js