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C. HARI SHANKAR
Surender Mohan Pathak – Appellant
Versus
Abhinav Shrivastava (Bhopali) – Respondent
ORDER (Oral)
1. The disputes between the parties stand settled with the intervention of the Delhi High Court Mediation and Conciliation Centre.
2. Settlement agreement dated 16 August 2023 is on record.
3. The terms of settlement read thus:
"a) That the Second Party has agreed to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) to the First Party on account of Settlement of entire claim of the First Party in the suit, against all the Defendants.
b) That the First Party has agreed for full and final settlement of the suit amount for Rs.3,00,000/- (Rupees Three Lakhs Only).
c) That Sh. Abhinav Srivastava @ Bhopali of the Second Party has issued a cheque bearing No. 466155 dated 17.09.2023 drawn on Karnataka Bank Ltd., Oshiwara, Jogeshwari (W) branch, Mumbai in favour of the First Party for a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) on account of payments as mentioned in para 1 and 2 hereinabove. Copy of the said cheque is annexed as ANNEXURE C.
d) That the Second Party undertakes that the above said cheque shall be honored on its presentation and in case of dishonor of the said cheque, the First Party shall be entitled to get the same executed through Court of law as a money
The court upheld the validity of the settlement agreement and decreed the suit in terms of the agreement, with the parties remaining bound by its terms.
Parties are bound by their mutual consent to the terms of a settlement agreement, including any corrective adjustments, emphasizing the importance of precise terms and effective mediation.
Settlement agreements reached through mediation are binding and enforceable, and courts will endorse such resolutions to finalize disputes.
Enforceability and orderliness of the settlement agreement leading to the disposal of the suit and binding the parties to its terms
Mediation can effectively resolve disputes, allowing courts to decree settlements and refund court fees under relevant provisions when matters are amicably settled.
The main legal point established in the judgment is the entitlement of parties to seek a decree in terms of a Settlement Agreement reached through mediation and the refund of entire court fees as per....
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.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
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