M/S Aditya Birla Fashion & Retail Limited v. Altaf Pasha And ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1375/2016 M/S ADITYA BIRLA FASHION & RETAIL LIMITED ..... Plaintiff Through: Mr. Kapil Kumar Giri, Advocate.

versus ALTAF PASHA AND ANR ..... Defendants Through: Mr. Mohd. Saif Islam Israily, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 06.08.2018 Present suit has been filed for permanent injunction to restrain infringement of trade mark and copyright as well as passing of, rendition of accounts, delivery up etc.

On 22nd 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 Ms. Anisha Gupta, Advocate-Mediator.

A Settlement Agreement has been executed between the parties on 25th July, 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 25th July, 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 it to receive back from the Collector half the amount of the Court fee paid by them in the present suit.

With the aforesaid observations, present suit stands disposed of. MANMOHAN, J AUGUST 06, 2018 js