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High Court of DelhiCS(OS)/1667/2015

Dlf Limited v. Sonu Singh & ANR

2016-10-06Cases Pertaining To Special Benches2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1667/2015 DLF LIMITED ..... Plaintiff Through :

Mr.Aditya Gupta and Mr.Utkarsh Srivastava, Advs.

versus SONU SINGH & ANR ..... Defendants Through :

Mr.Dhrupad Das, Adv.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R

% 06.10.2016 I.A. 12559/2016

1. Plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, passing off, dilution, infringement of copyright and damages, etc.

2.

Summons in the suit and notice in the application were issued on 28.5.2016, when an ex parte ad interim injunction order was passed in favour of the plaintiff and against the defendants. 3.

I.A. 12559/2016 has been filed by plaintiff and defendant no.1, and I.A.12560/2015 has been filed by plaintiff and defendant no.2 under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure for recording the terms of settlement, which has been arrived at between the parties. Both the applications are duly signed by the Authorised Representative of the plaintiff and defendants no.1 and 2, and their respective counsel. These applications are also supported by the affidavits of defendants no.1 and 2, and Authorised Signatory of the plaintiff. I.A. 12559/2016 is marked as Exhibit P-1 and I.A.12560/2016

is marked as Exhibit P-2.

4.

Learned counsel for the parties pray that in view of the settlement arrived at between the parties, present suit may be decreed in terms of para 29(a) to (d) of the plaint.

5.

Heard counsel for the parties. Having regard to the fact that the parties have arrived at an amicable settlement, present applications are allowed. Suit stands decreed in terms of para 29(a) to (d) of the plaint. Let a decree sheet be drawn up accordingly. Parties shall be bound by the terms of settlement.

6.

Learned counsel for the plaintiff submits that the matter has been resolved at the initial stage and, thus, prays for refund of court fee. 7.

Since the matter has been resolved at the initial stage, the plaintiff would be entitled to refund of court fee in terms of Section 16A of the Court Fees Act.

8.

Applications stand disposed of.

G.S.SISTANI, J OCTOBER 06, 2016 msr CS(OS) 1667/2015 2/2