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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Punjab Kesari Publishing House Pvt. Ltd. & Anr. – Appellants
Versus
Ajit Singh Buland & Ors. – Respondents
CS(COMM) 57 of 2023 & I.A. 2032 of 2023, I.A. 6909 of 2023
Decided On : 28-04-2023
Settlement Agreement - Trademark Dispute - The court found the settlement agreement between the parties to be legal, regular, and in order, and accordingly decreed the suit in terms of the settlement agreement. The plaintiffs would be entitled to a refund of the court fees, if any, deposited by them.
Fact of the Case:
The dispute between the parties stands settled in terms of a settlement agreement dated 2nd March 2023, which has been placed on record.
Finding of the Court:
The court found the terms of settlement to be legal, regular, and in order, and decreed the suit accordingly. The plaintiffs would be entitled to a refund of the court fees, if any, deposited by them.
Issues: The settlement agreement and its legality were the main issues before the court.
Ratio Decidendi: The court's decision was influenced by the legality and regularity of the settlement agreement, which led to the decree in terms of the agreement.
Final Decision: The suit was decreed in terms of the settlement agreement, and the plaintiffs would be entitled to a refund of the court fees, if any, deposited by them.
ORDER (Oral)
1. The dispute between the parties stands settled in terms of settlement agreement dated 2nd March 2023 which has been placed on record. The terms of settlement read thus:
"1. That the Third Party will not use the trademark 'Punjab Kesari', 'Punjab Kesari TV' and 'Kesari TV' or any other deceptively similar trademark/wordmark and acknowledges that the aforesaid marks are the property of the First and Second Party.
2. That the Third Party will transfer the domain name www.kesaritv.com to the First Party and the Second Party for a total consideration of INR 5,000/- (Rupees Five Thousand Only) vide Draft No. 064718 dated 2nd March 2023 on HDFC Bank, G.T. Road, Jalandhar.
3. That thereafter, the First Party and the Second Party and Third Partywould obtain a consent decree from the Hon'ble Delhi High Court in the Trademark Suit allowing the prayer of injunction in the suit and waiving all claims against each other.
4. That the Third Party undertakes not to use the mark 'Punjab Kesari', 'Punjab Kesari TV' and 'Kesari TV' or any other deceptively similar trademark/wordmark in future.
5. In view hereof, Third Party shall be released from all claims for damages."
2. The "first", "second" and "third" parties are M/s Punjab Kesari Publishing House Pvt. Ltd., M/s The Hind Samachar Ltd. and Mr. Ajit Singh Buland respectively.
3. The parties are represented by Mr. Swapnil Gupta and Mr. Ekansh Mishra, learned Counsel. They undertake on behalf of their respective clients to remain bound by the terms of settlement.
4. The Court has perused the terms of settlement and find them to be legal, regular and in order.
5. As such nothing survives for consideration in the present suit. The suit accordingly stands decreed in terms of the aforesaid settlement agreement dated 2nd March 2023 and the terms of settlement contained therein.
6. Let a decree sheet be drawn up by the Registry.
7. The plaintiffs would be entitled to refund of the court fees, if any, deposited by them.
8. Miscellaneous applications are also stand disposed of.
The court upheld the legality and regularity of the settlement agreement, leading to the decree in terms of the agreement.
Enforceability of settlement agreements and their impact on the resolution of disputes.
Enforceability of settlement agreement under Order XXIII Rule 3 of the CPC.
Settlement agreements can effectively resolve disputes in trademark infringement cases, allowing parties to acknowledge rights and agree on actions to prevent future violations.
The court's decision was based on the validity and acceptance of the settlement agreement by the parties involved.
The acknowledgment of proprietary rights in the trademark and copyright, and the lawful disposal of seized goods in accordance with environmental regulations.
The main legal point established in the judgment is the binding nature of a settlement agreement reached between parties, which can lead to the court decreeing the suit in terms of the settlement and....
Settlement agreements can resolve disputes and lead to the decree of a suit in terms of the settlement.
The court upheld the settlement reached under Order XXIII Rule 3 of the CPC, recognizing the plaintiff's rights and binding the parties to the agreed terms.
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