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C. HARI SHANKAR
Six Continents Hotels Inc. – Appellant
Versus
Ap Leisure Private Limited – Respondent
JUDGMENT (Oral)
CS(COMM) 44/2022 & I.A. 5079/2023 (under Order XXIII Rule 3 read with Section 151 of the CPC)
1. The dispute between the parties in the present case stands settled. The terms and conditions of settlement have been set out in para 3 of the present application and are reproduced thus:
"A. The Defendants acknowledge that the Plaintiff is the exclusive owner and proprietor of the earlier well-known trade mark HOLIDAY INN and HOLIDAY INN formatives (hereinafter collectively referred to as "Earlier Well-Known Trade Mark(s)" and/or "Well-Known Trade Mark HOLIDAY INN"). The Defendants further acknowledge that all rights in law, equity or otherwise, in the Plaintiff's Earlier Well-Known Trade Marks, vest exclusively with the Plaintiff alone, and further, the Defendants undertake to this Hon'ble Court never to challenge the same anywhere in the world, including in India, for any goods/services and/or on any ground(s), whatsoever;
B. The Defendants, in addition to the above, also acknowledge the fame and reputation of the Plaintiff's Well-Known Trade Mark HOLIDAY INN, in India and internationally, and undertake to this Hon'ble Court never to challenge these rights, at any time i
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
The settlement agreement reached through mediation was found to be lawful and in order, leading to the decree of the suit in terms of the settlement agreement.
The main legal point established is the enforceability of the terms of settlement under Order XXIII Rule 3 of the CPC in settling the trade mark dispute.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Enforceability of settlement agreements and their impact on the resolution of disputes.
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
The judgment confirms the acknowledgment of trademark ownership and sets enforcement measures against infringement, emphasizing settlement agreements under the CPC.
The court has the authority to examine and decree a suit based on the terms of settlement between the parties under Order XXIII Rule 3 of the CPC.
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