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DELHI HIGH COURT
SURESH KUMAR KAIT
Georges Monin SAS – Appellant
Versus
Pekers and Company – Respondent
| Table of Content |
|---|
| 1. joint application for decree and court fee refund. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. validity of settlement agreement confirmed. (Para 7) |
| 3. entitlement to refund of court fees affirmed. (Para 8 , 9 , 10 , 11 , 12) |
| 4. pending applications disposed as infructuous. (Para 13) |
Suresh Kumar Kait, J. The hearing has been conducted through video conferencing.
IA No. 9504/2021 (u/O XXIII R 3 CPC)
1. The present application has been jointly made by both the sides praying for issuance of decree in terms of Settlement Agreement dated 24.06.2021 reached between the parties and for refund of court fees.
2. The present suit has been filed by the plaintiff for permanent injunction restraining the defendants from infringing/passing off of trade dress/design and shape of bottles of the plaintiff No.1, used for syrups, and for damages and rendition of account.
3. Vide order dated 24.02.2021, the matter was referred to Delhi High Court Mediation and Conciliation Centre for parties to explore possibility of settlement through mediation.
4. Learned counsel for the parties inform that subject matter of the suit has been amicably resolved in terms of Settlement Agreem
Mediation facilitated an amicable resolution, allowing for a decree based on a Settlement Agreement and a refund of court fees as established by prior judicial decisions.
Point of Law : Practice and Procedure - Refund of court fees - Suit is decreed in terms mentioned in Settlement Agreement through Delhi High Court Mediation and Conciliation Centre between parties. D....
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
Amicable settlement in trademark infringement leads to decree of suit and entitlement to court fee refund per established judicial precedents.
The validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
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.
Parties may resolve disputes through a valid Settlement Agreement, which the court can incorporate into a decree, and the plaintiff may be entitled to a refund of court fees upon settlement.
A valid Settlement Agreement reached through mediation can lead to a decree of the suit, and plaintiffs may be entitled to a refund of court fees when disputes are amicably resolved.
The court's decision was primarily based on the validity and lawfulness of the Settlement Agreement, as well as the entitlement of the plaintiff to a refund of entire court fees based on relevant leg....
The court decreed the suit in terms of the valid and lawful Settlement Agreement and granted the plaintiff a refund of the entire court fees based on previous court decisions.
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