Hindalco Industries Limited v. Meenakshi Sharma

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1188/2018 & I.A.14398-14399/2018 HINDALCO INDUSTRIES LIMITED ..... Plaintiff Through:

Mr.Sachin Gupta, Mr.Pratyush Rao, Ms.J. Kaur, Advocates versus MEENAKSHI SHARMA ..... Defendant Through:

Mr.Naresh Kaushik, Mr.Rahul Sharma, Mr.Devik Singh, Mr.Lakshaya Juneja, Mr.Siddhant Maural, Advocates Mr.H.S.

Chaudhary, Advocate for proposed defendant No.2

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 21.02.2019 1.

Learned counsel for the defendant submits on instruction from the defendant's husband present in Court that the defendant shall pay litigation cost of Rs.1 lakh to the plaintiff. It is submitted that the defendant started the product with the impugned name three months ago and the defendant has a small time business.

2.

This Court is satisfied that the litigation cost of Rs.1 lakh is fair and reasonable. Let the said amount be paid by the defendant to the plaintiff within one week.

3.

The suit has already been disposed of against the defendant and need not be listed again.

4.

Learned counsel for the plaintiff seeks refund of the Court fees. Since the matter has been resolved through mediation, the Registry shall issue a

certificate to the plaintiff for refund of the entire Court fees under Section 16 of the Court Fees Act.

I.A.16898-16899/2018 5.

This Court is of the view that the applications are not maintainable and are therefore dismissed with liberty to the plaintiff to avail appropriate legal remedies available to the plaintiff against the proposed defendant in accordance with law.

6.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

FEBRUARY 21, 2019 dk