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C. HARI SHANKAR
Emaar Properties Pjsc – Appellant
Versus
Address Infrastructures Private Limited – Respondent
JUDGMENT
1. The dispute between the parties stands settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.
2. The settlement agreement dated 4 August 2023 is on record.
3. The terms of settlement agreement as contained in the agreement read thus:
"i. The Defendant herein acknowledges the Plaintiff to be the proprietor of the Trademarks as mentioned in paragraph 20 of the Plaint;
ii. The Defendant undertakes to this Hon'ble Court that it will not use the word 'ADDRESS' in the hospitality sector at any point of time.
iii. The Defendant undertakes that all advertisement and promotional material in respect of its three existing projects would henceforth bear the following names:
a. "The Address by Address Infra Group" at New Chandigarh, Village Togan;
b. "Erina Address by Address Infra Group" at City Kharar; and
c. "The Address Panipat by Address Infra Group" at Panipat, Haryana.
iv. The Defendant also undertakes that the requirement under Clause 6(iii) will be applicable in respect of any use or display of the names of the said projects of the Defendant.
v. The Defendant further undertakes that for all future projects, i.e. any other project other than the
The court's decision was based on the enforceability and legality of the settlement agreement in settling the trademark dispute.
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.
Amicable settlement between parties can lead to the decree of a suit and resolution of the dispute without further adjudication.
Settlement agreements can be used to resolve disputes without delving into the merits of the case, and the court may decree the suit in terms of the settlement agreement.
A court may dispose of a civil suit in terms of a lawful settlement agreement arrived at between the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, binding successors and assi....
Enforceability of settlement agreement under Order XXIII Rule 3 of 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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