Taxmann Publications Pvt Ltd v. Taxwell Publishing Company & ORS
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3191/2012 & IA No.20002/2012 (for stay). TAXMANN PUBLICATIONS PVT LTD ..... Plaintiff Through:
Mr. Saurabh Kansal, Ms. Pallavi S.
Kansal & Mr. Sudhanshu Tiwari, Advs.
Versus
TAXWELL PUBLISHING COMPANY & ORS ..... Defendants Through:
Mr. Kumar Ankur, Adv. for D-1&2.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 04.12.2017 1.
The parties, in this suit for permanent injunction restraining infringement of copyright, passing off and ancillary reliefs, were vide order dated 17th November, 2017 referred to the Mediation Cell of this Court. 2.
Mediation has been successful with the efforts of Mr. Pusshp Gupta, Advocate/Mediator and Mr. Jai Bansal, Advocate / Co-Mediator and a Settlement Agreement dated 21st November, 2017 purported to be signed on behalf of the plaintiff, defendants no.1,3&4 and by the defendant no.2, their respective counsels, Mediator and Co-Mediator has been received from the Mediation Cell of this Court and the counsel for the plaintiff and the counsel for defendants no.1&2 support the settlement and seek decree in terms thereof.
3.
None appears for the defendants no.3&4.
4.
The counsel for the plaintiff states that the defendants no.3&4 were the Distributor and Printer respectively of defendants no.1 and 2 and were appearing in the Mediation Cell also in person and have not reneged from the Settlement Agreement.
CS(OS) 3191/2012
5.
I have perused the Settlement arrived at between the parties. 6.
The compromise arrived at between the parties is found to be lawful and is allowed.
7.
The suit is decreed in terms of Settlement Agreement which shall form part of the decree sheet, leaving the parties to bear their own costs. 8.
A certificate entitling the plaintiff to refund of 60% of the court fees paid on the suit be issued and handed over to the counsel for the plaintiff. Decree sheet be prepared.
RAJIV SAHAI ENDLAW, J DECEMBER 04, 2017 'gsr' ..
CS(OS) 3191/2012