Tommy Hilfiger Europe B.V. v. Mr. Noor Alam & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1174/2018 & I.A. 14132/2018 TOMMY HILFIGER EUROPE B.V.

..... Plaintiff Through: Mr. Dhruv Anand, Advocate with Ms. Udita Patro and Mr. Nischay Mal, Advocates.

versus MR. NOOR ALAM & ORS.

..... Defendants Through: Ms. Nupur Lamba, Advocate with Ms. Surbhi Singh, Advocate for defendant No.1.

Mr. Satyam Bhatia, Advocate with Mr. Akshaya Agarwal, Advocate for defendants No.2 and 4.

Mr. Parinav Gupta, Advocate with Mr. Moazzam Ali, Advocate for defendant No.4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 08.02.2019 Present suit has been filed for permanent injunction restraining infringement of trade marks, passing off, unfair competition, dilution, tarnishment, damages as well as for rendition of accounts and delivery up. On 22nd 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. Sangeeta Sondhi, Advocate-Mediator.

A Settlement Agreement has been executed between the parties on 17th January, 2019.

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 17th January, 2019 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 plaintiff a certificate authorizing him/her to receive back from the Collector full amount of the Court fee paid by it in the present suit.

Learned counsel for the plaintiff is granted leave to approach the Reserve Bank of India in accordance with law for remittance of monies paid by the defendants to the plaintiff.

With the aforesaid observations, present suit and pending application stand disposed of.

MANMOHAN, J FEBRUARY 08, 2019 js