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DELHI HIGH COURT
SURESH KUMAR KAIT
Living Media India Limited – Appellant
Versus
Abhishek Agarwal – Respondent
| Table of Content |
|---|
| 1. injunction and mediation settlement achieved. (Para 1 , 2 , 3) |
| 2. terms of settlement agreed by both parties. (Para 4 , 5) |
| 3. court validates settlement and considers court fees. (Para 6 , 10) |
| 4. suit disposed as per settlement terms. (Para 7 , 8 , 12) |
| 5. plaintiff entitled to refund of court fees. (Para 11) |
1. The present suit has been filed by the plaintiff seeking permanent injunction restraining the defendants from infringement of trade mark, passing off, dilution, rendition of accounts, delivery up, damages, etc.
2. Vide order dated 29.07.2021, the matter was referred to 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 06.09.2021, which is duly signed by both the sides/parties. The aforesaid Settlement Agreement dated 06.09.2021 has come on record.
4. Learned counsel for the plaintiff submits the terms of settlement are incorporated in the aforesaid Settlement Agreement dated 06.09.2021 and the present suit b
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.
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.
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 upheld the validity of the Settlement Agreement and allowed for the refund of entire court fees based on relevant legal precedents.
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 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 validity and enforceability of a Settlement Agreement in resolving disputes and the entitlement to a refund of court fees when disputes are amicably settled.
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.
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