M/S Sagu Dreamland Private Limited v. Splash Island Private Limited & ORS
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judsment reserved on: January 15, 2019 Judsment delivered on: January 28, 2019 + FAO(OS) 173/2018, CM Nos. 48874/2018 & 48876/2018 M/S SAGU DREAMLAND PRIVATE LIMITED Appellant Through:
Mr. Neeraj Kishan Kaul, Sr. Adv. wiih Mr. Jai Sahai Encilaw, Mr. Divyanshu Shrivastava and Mr. Shivansh Soni, Advs.
versus SPLASH ISLAND PRIVATE LIMITED & GRS Respondents Through:
Mr. Shailen Bhatia and Ms. Ekta Nayar, Advs.
CORAjM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUS LICE V. KAMESWAR RAO
J U D G M E N T
V.KAMESWAR RAO, J.
For orders, see FAO(OS) 172/2018.
V. KAMESWAR RAO, J CHIEF J USTICE JANUARY 28,.20l9/i//f Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judsment reserved on: January 15, 2019 Judement delivered on: January 28, 2019 + FAO(OS) 172/2018, CMNos. 48857/2018 & 48859/2018 M/S SAGU DREAMLAND PRIVATE LIMITED & ANR Appellants Through:
Mr. Neeraj Kishan Kaul, Sr. Adv. with Mr. Jai Sahai Endlaw, Mr. Divyanshu Shrivastava and Mr. Shivansh Soni, Advs.
versus M/S JINGAL BELL AMUSEMENT PARK (PVT) LTD Respondent Through:
Mr. S. Khan and Ms. Jayanti, Advs.
AND + FAO(OS) 173/2018, CMNos. 48874/2018 & 48876/2018 M/S SAGU DREAMLAND PRIVATE LIMITED Appellant Through:
Mr. Neeraj Kishan Kaul, Sr. Adv. with Mr. Jai Sahai Endlaw, Mr. Divyanshu Shrivastava and Mr. Shivansh Soni, Advs.
versus SPLASH ISLAND PRIVATE LIMITED & ORS Respondents Through:
Mr. Shailen Bhatia and Ms. Ekta Nayar, Advs.
FAO(OS) 172/2018 and connected matter Page I of 5
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
JUDGMENT
V. KAMESWAR RAO. J CM No. 48859/2018 (for placing additional annexures on record) in FAO(OS) 172/2018 CM No. 48876/2018 in FAO(OS) 173/2018 (for taking additional documents on record) For the reasons stated in the applications, the same are allowed and disposed of.
FAO(OS) 172/2018 & FAO(OS) 173/2018 1.
These two appeals have been filed by the appellant challenging the common order dated 8"^ October, 2018 passed by the learned Single Judge whereby the two applications filed by the appellant being lA No. 13958/2018 in CS(OS) 2041/2013 and lA. No. 13957/2018 in CS(OS) 1592/2014 seeking modification of order dated 12"^ July, 2018 were dismissed.
2.
The facts as noted from the appeals are that Civil Suit bearing no. 2041/2013 was filed by the respondent M/s. Jingle Bell Amusement Park (Pvt.) Ltd. against the appellant herein seeking permanent injunction, possession and for recovery of rent and damages / mesne profit till recovery of possession in respect of FA 0(0S) 172/2018 and connected matter
property bearing no. 41/24, 25, 42/20, 50/1, 51/4 min at Village Alipur, Tehsil-Delhi against the appellant herein. This court issued * b summons in the Suit on 25' October, 2013. Another Suit being CS (OS) 1592/2014 was filed by the appellant herein against the Splash Island Pvt. Ltd. and Ors. seeking permcinent injunction against them restraining them from infringing trade mark acquired by, the appellant. .
During the, pendency of the Suit, .the matter was settled between the parties and in furtherance to the same a settlement agreement, was executed between the parties. The Suits were,di.sposed of by this-Court in terms of the Settlement, on 30''' .lune, 2015. It- is the case of the appellant that as the respondent has pot pomplied with:the terms of settlement and violated the same, the appellant had filed a Contempt Petition bearing no. 225/2017 against the Directors of Splash Island Pvt. Ltd. The said petition v/as* disposed of on 20;'^ March, 2017 giving liberty to the appellant to ,seek compliance of the order of vmieb. the Contempt is alleged -by way .-of execution proceedings. .The appellant preferred an application bearing no., 14331/2017 in CS(OS) 1592/2014 for recall of order dated 3O'/' May, 2015. Or 12''' July, 2018, this Court ordered for implementation, of the settlement agreement from 12"' .July, 2018 in the said application. . I - '
4.
It appears that the appellant approached this court Ty, way of I F,iO{uSI i 72/20IS and CGrn!-c,eii mairc;:- .
Page 3 of5.
applications bearing lA No. 13958/2018 and lA No. 13957/2018 in SuitNos. 2041/2013 and 1592/20147 seeking intervention of this court for modification of order dated 12'^ July, 2018 and for implementing the agreement dated 28"^ May, 2015 in equitable manner. It is this application, which was dismissed by the learned Single Judge. Mr. '
Neeraj Kishan Kaul, learned Senior Counsel for the appellant submit that the respondent(s) cannot take advantage of their own wrong inasmuch as on one hand, they violate the terms of settlement by continuing to use the word 'Splash' and on the other, make the appellant herein vacate the property. It is his submission that continued usage of the word 'Splash' in the trade name of the respondent is inequitable. According to him, the appellant, with a view, to mitigate the loss suffered by it because of continuous use of the word 'Splash' is seeking further time to vacate the property in question beyond December 31, 2018.
5.
We are not impressed by the said submission of Mr. Kaul for the simple reason that the Suits were disposed of in terms of the settlement entered between the parties. If there is a violation of the settlement / decree, it is for the appellant to seek execution of the decree or any other relief as permissible in law rather than seeking a benefit of further time on the premise that the respondent has violated FAO(OS) / 72/2018 and connected matter
/ the terms of agreement. This is clearly impermissible as any direction by us, shall also be at variance with the order disposing of the suits. We find that the learned Single Judge has rightly dismissed the applications seeking modification of the order dated 12* July, 2018. We do not find any merit in the appeals. The same are dismissed.
CM No. 48857/2018 (for stay) in FAO(OS> 172/2018 CM Nn. 48874/2018 (for stay) in FAO(OSJ 173/2018 Dismissed as infructuous.
V. KAMESWAR RAO, J CHIEF JUSTICE JANUARY 28, 2019/jg FAO(OS) 172/20 >8 and connected matter