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2021 Supreme(Del) 460

SURESH KUMAR KAIT
Georges Monin Sas – Appellant
Versus
Pekers And Company – Respondent


Advocate Appeared:
For the Plaintiff :Mr. Atul Nagarajan, Advocate
For the Respondent:Mr. Roshan Santhalia & Ms.Pooja Jakhar, Advocates

JUDGMENT :

The hearing has been conducted through video conferencing.

IA No. 9504/2021 (u/O XXIII R 3 CPC)

1. The present application has been jointly made by both the sides praying for issuance of decree in terms of Settlement Agreement dated 24.06.2021 reached between the parties and for refund of court fees.

2. The present suit has been filed by the plaintiff for permanent injunction restraining the defendants from infringing/passing off of trade dress/design and shape of bottles of the plaintiff No.1, used for syrups, and for damages and rendition of account.

3. Vide order dated 24.02.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for parties to explore possibility of settlement through mediation.

4. Learned counsel for the parties inform that subject matter of the suit has been amicably resolved in terms of Settlement Agreement dated 24.06.2021 passed by Delhi High Court Mediation and Conciliation Centre, wherein terms of settlement have been incorporated in paragraph Nos. 1 to 3 and parties shall abide by the terms thereof.

5. Learned counsel for plaintiff prays that the present suit be decreed in aforesaid terms and also under the provisions of

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