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DELHI HIGH COURT
SURESH KUMAR KAIT
G.D. Goenka Pvt. Ltd. – Appellant
Versus
Giriraj Educational & Welfare Trust – Respondent
| Table of Content |
|---|
| 1. joint application for settlement and decree. (Para 1 , 2 , 3) |
| 2. amicable resolution through mediation. (Para 4 , 5) |
| 3. court's validation of settlement agreement. (Para 6) |
| 4. final order and court fee refund direction. (Para 7 , 8 , 11) |
| 5. decree in terms of settlement agreement. (Para 9 , 10) |
I.A. No.12916/2021 (u/O XXIII Rule 3 CPC)
1. The present application has been jointly filed by both the sides praying for issuance of decree in terms of Settlement Agreement dated 20.09.2021 reached between the parties and for refund of Court fees.
2. The present suit has been filed by the plaintiffs and to pass a decree a of permanent injunction in favour of plaintiffs and against the defendants, their authorised representatives, office-bearers, trustees, agents, servants, attorneys, nominees, executors, administrators, etc. thereby restraining them from, in any manner, using the name/trade mark `G.D. Goenka', and to further restrain the defendants from using its logos, signs, symbols, moto, etc. in terms of Clause 5.2 of the Memorandum of Understanding dated 06.09.2010 in any manner whatsoever as well as to pass a decree in the sum of Rs.4,09,55,000/- alon
The court affirmed the validity of a settlement agreement reached through mediation, allowing for a decree based on that settlement and partial refund of court fees paid, citing provisions under the ....
Enforcement of Settlement Agreement reached through mediation and entitlement to refund of court fees.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
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.
Mediation can effectively resolve disputes, allowing courts to decree settlements and refund court fees under relevant provisions when matters 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.
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.
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.
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....
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.
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