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2023 Supreme(Del) 2978
IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Apnatime Tech Private Limited & Anr. – Appellants
Versus
Apna Hr Consultancy & Ors. – Respondents
CS(COMM) 554 of 2021
Decided On : 27-07-2023
Important Points
Subject
Civil Law - Settlement Agreement
Headnote
Settlement Agreement - Trademark Dispute - The court found the terms of the settlement agreement to be in order and enforceable, leading to the decree of the suit in terms of the settlement agreement.
Fact of the Case:
The dispute was settled by way of a settlement agreement dated 27 April 2023 under the aegis of the Delhi High Court Mediation and Conciliation Centre, which was found to be in order and enforceable by the court.
Finding of the Court:
The court found that nothing survived for adjudication in the present suit as the terms of settlement were in order and enforceable, leading to the decree of the suit in terms of the settlement agreement.
Issues: The main issue was the enforceability of the settlement agreement and whether it resolved the dispute between the parties.
Ratio Decidendi: The court's decision was influenced by the enforceability and orderliness of the terms of the settlement agreement, leading to the decree of the suit in terms of the settlement agreement.
Final Decision: The suit was decreed in terms of the Settlement Agreement dated 27 April 2023, and both parties were bound by the terms of the settlement agreement. The plaintiffs were entitled to a refund of 50% court fees, if any, deposited by them.
Ms. Diva Arora Menon, Advocate, for the Plaintiff.
Ms. Pritika Juneja, Mr. Anshul Saurastri, Mr. Minesh Andharia and Mr. Jay Shah, Advocates, for D-2 and 5.
ORDER (Oral)
1. Learned Counsel for the parties submits ad idem that the dispute in this present case stands settled by way of settlement agreement dated 27 April 2023 drawn up under the aegis of the Delhi High Court Mediation and Conciliation Centre, which is on record.
2. The terms of settlement read thus:
"1. The Defendants agree and undertake not to use either directly or indirectly the mark  and/or any other similar mark thereto before the Trademark Registry in respect of human resource consultancy and recruitment services, services related to training and educational and related services which would result in violation of the Plaintiffs' rights in the trademark APNA.</p></UL><UL><p align=)
2. The Defendants agree to cancel/withdraw its pending trademark application  days from the date of execution of this Settlement Agreement and provide proof of the same to the Plaintiffs.</p></UL><UL><p align=)
3. The Defendants agree and undertake to cease using and operating the domain name www.apnahr.in and transfer the same to the Plaintiffs without consideration within a period of 15 (fifteen) days from the date of signing this Settlement Agreement.
4. The Plaintiffs shall make an appropriate application for deletion of the name of Defendant No.1 from the array of parties on or before recording the terms of this Settlement Agreement before the Hon'ble Court.
5. In view of this Settlement Agreement, the Plaintiffs do not press for other monetary reliefs as claimed in the said Suit."
3. Learned Counsel for the parties agree, on behalf of their respective clients, to abide by the terms of settlement.
4. The Court has perused the terms of settlement and find them to be in order and enforceable.
5. As such, nothing survives for adjudication in the present suit.
6. The suit accordingly stands decreed in terms of the Settlement Agreement dated 27 April 2023.
7. Both parties shall remain bound by the terms of settlement as reproduced hereinabove.
8. The plaintiffs shall be entitled to refund of 50% court fees, if any, deposited by it.
9. Let a decree sheet be drawn up by the Registry accordingly.
