Havells India Limited & ANR. v. Summer Cool Home Appliances Ltd. & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1099/2018 & I.A. 11889/2018 HAVELLS INDIA LIMITED & ANR.

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

versus SUMMER COOL HOME APPLIANCES LTD. & ORS.

..... Defendants Through: Mr. Ajay Sahni, Advocate with Mr. Rachit Shrivastav, advocate for defendant No.1.

Mr. Ravindra Singh, Advocate with Mr. Subhash Chaudhary and Mr. Zakir Khan, Advocates for defendant No.2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 17.12.2018 Present suit has been filed for injunction restraining passing off and infringement of trade mark, violation of trade dress, acts of unfair competition, dilution, rendition of accounts, damages, etc. On 01st November, 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 Ms. Vaishalee Mehra, Advocate-Mediator.

A Settlement Agreement has been executed between the parties on 14th December, 2018.

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 14th December, 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 plaintiffs a certificate authorizing him/her to receive back from the Collector full amount of the Court fee paid by them in the present suit. With the aforesaid observations, present suit and all pending applications stand disposed of.

MANMOHAN, J DECEMBER 17, 2018 js