Hugo Boss Trade Mark Management Gmbh & Co. Kg v. Mr. Harish Bahl & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 514/2017 HUGO BOSS TRADE MARK MANAGEMENT GMBH & CO. KG ..... Plaintiff Through: Mr. Karan Bajaj and Ms. Kangan Roda, Advocates.

versus MR. HARISH BAHL & ORS ..... Defendants Through: Mr. Naresh K. Daksh, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.05.2018 I.A. 7610/2018 At the outset, learned counsel for parties state that there is typographical error in paragraph 4Cii of the present joint compromise application.

They are permitted to carry out corrections after initialling the same. It is pertinent to mention that the present joint compromise application has been signed by learned counsel for the plaintiff and defendants as well as by the parties to the litigation.

Present application is also supported by affidavits of authorized representative of the plaintiff and the defendants. Both the learned counsel state that the matter has been compromised

in accordance with the terms mentioned in the present joint Compromise Application being I.A.7610/2018.

Today, learned counsel for defendants has handed over a cheque bearing No.018026 dated 24th May, 2018 for Rs.1,00,000/- drawn on Kotak Mahindra Bank, M-3, South Extension Part-II, New Delhi-110049 to learned counsel for plaintiff.

Learned counsel for defendants assures this Court that the aforesaid cheque is good for payment.

Learned counsel for defendants also states that the obligations under paragraph 4Biii and 4E have been duly complied with. Learned counsel for plaintiff does not dispute the same.

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

The aforesaid statements, assurances and undertakings as well as 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 present joint Compromise Application and is of the opinion that the same is lawful. Consequently, the suit is decreed in accordance with the present joint Compromise Application being I.A. 7610/2018, 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 it 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 08th August, 2017 stands modified.

MANMOHAN, J MAY 29, 2018 js