Wal-Mart Stores, Inc v. Sumit Kishan Sharma & ORS
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1422/2016 & I.A.No.12833/2016 WAL-MART STORES, INC ..... Plaintiff Through Mr.Sumit Wadhwa, Advocate.
versus SUMIT KISHAN SHARMA & ORS ..... Defendants Through Mr.Ashok Anand, Advocate for D-1& 2.
Mr.Harsh Vardhan, Advocate for R3.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 15.05.2017 The present suit has been filed for permanent injunction, infringement of trade mark, infringement of copyright, passing off, declaration of well known mark, rendition of account of profits under the Trademarks Act, 1999 and Copyright Act, 1957 and Code of Civil Procedure 1908 against the defendants.
Both the counsel state that the matter has been compromised in terms of the Settlement Agreement dated 24th April, 2017 executed before the Delhi High Court Mediation and Conciliation Centre. A copy of the Settlement Agreement dated 24th April, 2017 executed between the plaintiffs and the defendants is on record. Both the counsel assure and undertake to this Court that all the parties shall comply with the settlement terms mentioned in the
aforesaid Settlement Agreement.
The aforesaid statements, assurances and undertakings mentioned in the Settlement Agreement dated 24th April, 2017 are accepted by this Court and the parties are held bound by the same. This Court has also perused the aforesaid Settlement Agreement and is of the opinion that the same is lawful. Consequently, the Registry is directed to prepare a decree in terms of the aforesaid Settlement Agreement dated 24th April, 2017, in particular, paragraph 12 thereof.
Since the matter has been settled before the Delhi High Court Mediation and Conciliation Centre, the registry of this Court is directed to issue to the authorised representative of Lall Lahiri & Salhotra a certificate authorizing him to receive back from the Collector the half amount of the Court fee paid in respect of the present claim.
With the aforesaid observations, the present suit and pending application stand disposed of.
MANMOHAN, J MAY 15, 2017 KA