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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Colorbar Cosmetics Pvt. Ltd. - Appellant
Versus
Deepak Jain - Respondent
CS(COMM) 574 of 2020 & I.As. 12678 of 2020, 853 of 2021, 4908 of 2021 and 8238-8239 of 2021
Decided On : 22-09-2021
| Table of Content |
|---|
| 1. plaintiff seeks injunction for trademark violations. (Para 1 , 2 , 3) |
| 2. parties agree to terms of mediation settlement. (Para 4 , 5) |
| 3. court validates settlement as lawful. (Para 6) |
| 4. suit decreed in accordance with settlement. (Para 7) |
| 5. parties bound by settlement; suit disposed. (Para 8 , 9) |
1. The present suit has been filed by the plaintiff seeking permanent and mandatory injunction restraining the defendants from infringement of trade mark and copyright, passing off, dilution, acts of unfair competition, rendition of accounts/damages and delivery up.
2. Vide order dated 07.04.2021, the matter was referred to the Delhi High Court Mediation and Conciliation Centre (SAMADHAN) for making an effort to amicably resolve their disputes.
3. This court is informed that the parties have mutually settled their disputes and the terms of the settlement have been incorporated in Settlement Agreement dated 17.09.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 17.09.2021 has come on record.
4. Learned counsel for the plaintiff submits the terms of settlement are incorporated in Para-10 (a) to (s) of the aforesaid Settlement Agreement dated 17.09.2021 and the present suit be decreed in terms thereof.
5. Learned counsel appearing on behalf of defendants submit that the defendants undertake to abide by the terms of aforesaid Settlement Agreement dated 17.09.2021.
6. This Court has gone through the contents of the mediated Settlement Agreement dated 17.09.2021 and find it to be valid and lawful.
7. Accordingly, the present suit is decreed in terms of Settlement agreement dated 17.09.2021, which shall form part of decree. Decree sheet be accordingly drawn.
8. Needless to say, parties shall remain bound by the terms of the Settlement Agreement dated 17.09.2021.
9. In view of above, present suit and all pending applications are accordingly disposed of.
The court recognized a legally valid and binding settlement reached between parties through mediation to resolve trademark and copyright disputes, endorsing the Settlement Agreement as the basis for ....
The court decreed the suit in terms of a valid and lawful Settlement Agreement mutually settled by the parties.
Settlement agreements reached through mediation are binding and enforceable, and parties are entitled to court fee refunds when disputes are amicably resolved.
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 validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
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.
The court upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
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