SURESH KUMAR KAIT
G. D. Goenka Pvt. Ltd. – Appellant
Versus
Giriraj Educational & Welfare Trust – Respondent
JUDGMENT
(Oral)
I.A. No. 12916/2021 (u/O XXIII Rule 3 CPC)
1. The present application has been jointly filed by both the sides praying for issuance of decree in terms of Settlement Agreement dated 20.09.2021 reached between the parties and for refund of Court fees.
2. The present suit has been filed by the plaintiffs and to pass a decree a of permanent injunction in favour of plaintiffs and against the defendants, their authorised representatives, office-bearers, trustees, agents, servants, attorneys, nominees, executors, administrators, etc. thereby restraining them from, in any manner, using the name/trade mark 'G.D. Goenka', and to further restrain the defendants from using its logos, signs, symbols, moto, etc. in terms of Clause 5.2 of the Memorandum of Understanding dated 06.09.2010 in any manner whatsoever as well as to pass a decree in the sum of Rs.4,09,55,000/- along with interest @ 18 % per annum, both pendente lite and future against the defendants until realization along with costs of the suit to plaintiffs.
3. During pendency of the present suit, vide order dated 07.09.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for the parties to exp
Enforcement of Settlement Agreement reached through mediation and entitlement to refund of court fees.
The court affirmed the validity of a settlement agreement reached through mediation, allowing for a decree based on that settlement and partial refund of court fees paid, citing provisions under the ....
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
Parties may resolve disputes through a valid Settlement Agreement, which the court can incorporate into a decree, and the plaintiff may be entitled to a refund of court fees upon settlement.
A settlement agreement reached by parties in trademark disputes is valid and can lead to a decree in its terms, including the refund of court fees based on amicable resolution.
A valid Settlement Agreement reached through mediation can lead to a decree of the suit, and plaintiffs may be entitled to a refund of court fees when disputes are amicably resolved.
The validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
The court decreed the suit in terms of the valid and lawful Settlement Agreement and granted the plaintiff a refund of the entire court fees based on previous court decisions.
Mediation facilitated an amicable resolution, allowing for a decree based on a Settlement Agreement and a refund of court fees as established by prior judicial decisions.
The court upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.