Tommy Hilfiger Licensing Bv v. Atik Ur Rehman

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 913/2016 TOMMY HILFIGER LICENSING BV ..... Plaintiff Through: Mr. Dhruv Anand, Advocate with Ms. Udita Patro and Mr. Shamim Nooreyezdan, Advocates.

versus ATIK UR REHMAN ..... Defendant Through: Mr. Shekhar G. Devasa, Advocate with Mr. Luv Kumar and Mr. Manish Tiwari, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 09.01.2018 I.A. 357/2018 Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiff and the defendant as well as by the parties to the litigation. Present application is also supported by the affidavits of authorized signatories of the plaintiff and the defendant. Both the learned counsel state that the matter has been compromised in accordance with the terms mentioned in the compromise application being I.A. 357/2018.

Today in court, learned counsel for defendant has handed over a cheque bearing No.504325 dated 14th December, 2017 for Rs.50,000/- drawn on

Vijaya Bank, Patparganj Delhi branch to learned counsel for plaintiff as litigation expenses.

Both the learned counsel further assure and undertake to this Court that the parties shall comply with the settlement terms mentioned in the aforesaid Settlement application.

The aforesaid statements, assurances and undertakings given by learned counsel for the parties are accepted by this Court and parties are held bound by the same.

This Court has also perused the compromise application and is of the opinion that the same is lawful.

Consequently, the present suit is decreed in accordance with paragraph 35(a) and (b) of the amended plaint as well as the terms of the Settlement application being I.A. 357/2018, a copy of which is marked as Ex.C-1. Registry is directed to prepare a decree sheet accordingly. Registry is also directed to issue to an authorised representative of the plaintiff a certificate authorizing him/her to receive back from the Collector half amount of the Court fee paid by it in the present suit. With the aforesaid observations, present application is allowed and the suit and all pending applications stand disposed of. The interim order dated 20th May, 2015 stands vacated MANMOHAN, J JANUARY 09, 2018 js